Common use of Baseline Progress Schedule Clause in Contracts

Baseline Progress Schedule. Contractor shall within twenty (20) days after the date of contract execution, prepare and submit to the County and Engineer for review and approval, a detailed and feasible Critical Path Method (CPM) Construction Schedule showing the method by which the Contractor will comply with Contract Milestones and Completion date requirements as set forth in the County-Contractor Agreement called the Baseline Progress Schedule. Any changes to the initial schedule submission shall be performed within seven (7) days after receipt from the County and Engineer. The schedule shall show in detail all applicable activities, resources, duration, relationships and logic of how the Contractor plans to execute and coordinate the Work. The Contractor shall use this schedule in the planning, scheduling, direction, coordination and execution of the Work. The Construction Schedule shall encompass all of the work of all trades necessary for construction of the Project and shall be sufficiently complete and comprehensive to enable progress to be monitored on a day-to-day basis. The Contractor shall be provided with a copy of all schedules, updates reports and other documentation required herein which shall be compatible to the software used by the Engineer. The cost of the CPM and Biweekly Progress Construction Schedules, meetings and all monthly updates shall be included in the bidders Lump Sum PrIce. It is the sole responsibility of the Contractor to prepare, maintain, update, revise and utilize the CPM Construction Schedule as outlined herewith. The schedule shall be the sole overall Construction Schedule utilized by the Contractor in managing this Project, provided, however, that Contractor may at its option employ and utilize other schedules based upon and consistent with the Construction Schedule. In general, it is the intent of this Paragraph to allow the Contractor to choose its own means, methods and construction procedures consistent with good practice and the Contract Documents. If the Contractor should submit a schedule or express an intention to complete the Work earlier than any required Milestone or Completion date, the County shall not be liable to the Contractor for any costs or delay should the Contractor be unable to complete the Work before such earlier Milestone or Completion date. The duties, obligations and warranties of the County to the Contractor shall be consistent with and applicable only to the completion of the Work on the Milestone and completion dates required in the Countys-Contractor Agreement. Submission to the County of the Construction Schedule is advisory only and shall not relieve the Contractor of the responsibility for accomplishing the Work within each and every required Milestone and Completion date. Omissions and errors in the approved Construction Schedule shall not excuse performance that is not in compliance with the Contract. Submission to the County in no way makes the County an insurer of the Construction Schedule's success or liable for time or cost overruns flowing from its shortcomings. The County hereby disclaims any obligation or liability by reason of County approval or failure to object to the Construction Schedule and Contractor hereby acknowledges said disclaimer. The Contractor shall consult with and obtain information from principal Subcontractors necessary in preparation of the schedules, updates and revisions required herein. Contractor shall provide each principal Subcontractor with copies of the Construction Schedule and any revisions or updates affecting a Subcontractor's work. Contractor shall hold appropriate weekly progress meetings with Subcontractors and shall direct and coordinate the work of Subcontractors consistent with and as required herein. County shall have the right to attend Subcontractor progress meetings but shall not be required to participate in such meetings or provide information to Subcontractors, except through the Contractor. Contractor shall keep up-to-date minutes of Subcontractor progress meetings and shall provide same to County. The Contractor shall ensure that each Subcontractor supplier acknowledges and accepts the requirements of the Construction Schedule relating to their part of the Work. If Contractor's Construction Schedule indicates that County or a separate Contractor is to perform an activity by a specific date, or within a certain duration, County or any separate Contractor shall not be bound to said date or duration unless County expressly and specifically agrees in writing to same; the County's overall review of the schedule does not constitute an agreement to specific dates or durations for activities of the County or any separate contractor. The CPM Construction Schedule shall be updated monthly reflecting actual progress of the Project. If the monthly Progress Schedule indicates the Contractor will not meet the Contract Completion date, the Contractor shall at no cost to the County attempt to recover any lost time due to ineffective planning and organization, lack of timely material acquisition inefficiencies, errors, or other causes due to no fault by the County. In such a case, the Contractor shall provide the necessary resources to regain lost time, provide remedies and solutions to meet the Project Completion Date. Two copies of the CPM Project Schedule update will be provided in original and an electronic format compatible with the County’s and Engineer’s software. The Contractor's Superintendent shall maintain at the job site, a current Construction Schedule, indicating actual monthly progress for those portions of the project on which work has been or is being performed. If an extension or contraction of any Milestone or Completion Date is authorized by any Change Order, the Contractor shall revise his Construction Schedule, Milestone and Completion Dates accordingly. If, in the opinion of the County, the Construction Schedule does not accurately reflect the actual progress and sequence of the Contractor's performance of the Work, the Contractor shall revise the Construction Schedule, upon the County's request, and submit revised Construction Schedule that accurately represents the progress and sequence of the Contractor's performance of the Work. Contractor shall submit to the County the name of any scheduling consultant that Contractor may select or retain. Contractor shall not utilize any particular scheduling consultant over the reasonable objection of the County. Contractor covenants and guarantees that Contractor will not: (1) Misrepresent to County its planning and scheduling of the Work; (2) Utilize schedules materially different from those made available to the County or any Subcontractors for the direction, execution and coordination of the Work, or which are not feasible or realistic; (3) Prepare CPM schedules, updates, revisions or reports which do not accurately reflect Contractor's actual intent or Contractor's reasonable and actual expectations as to: a. The sequences of activities, b. The duration of activities, c. The responsibility for activities, d. Resource availability, e. Labor availability or efficiency, f. Expected weather conditions, g. The value associated with the activity, h. The percentage complete of any activity, i. Completion of any item of work or activity, j. Project completion, k. Delays, slippages, or problems encountered or expected, l. Subcontractor requests for time extension, or delay claims of subcontractors, and m. If applicable, the float time available. Should Contractor fail to substantially comply with the provisions of the Contract Documents relating to scheduling and execution of the Work by the overall project schedule, County shall have the right, at its option, to retain the services of scheduling consultants or experts (including attorneys if necessary in the opinion of the County) to prepare schedules, reports, updates and revisions of the schedule in accordance with the Contract Documents and to review and analyze same, in order to allow Engineer to evaluate the program of the Work by Contractor, to determine whether Contractor is substantially complying with the Contract Documents, and to direct such action of the part of the Contractor, as permitted by the Contract Documents, as required to ensure, under the County's schedule prepared hereunder, that Contractor will complete the Work within the Contract Time. All costs and expenses and fees incurred by County in preparing the schedule hereunder shall be charged to Contractor's account. If Contractor fails to substantially comply with the scheduling and execution of the work requirements of the Contract Documents, Contractor hereby agrees, in such instance, to comply with such County-prepared schedules, if any, or directions, and activity sequences and durations as County may reasonably require, without additional cost to the County (subject only to cost adjustments for such changes in the Work as County may direct), to ensure completion within the Contract Time. The Construction Schedule shall be utilized by County, Engineer and Contractor for submission, review and approval of monthly Payment Request. The CPM Construction Schedule must be updated by Contractor monthly using compatible software to the County, with each progress payment application and submitted to the County and Engineer for review with the progress payment application. County shall not be required to process and review Contractor's Application for Payment if Contractor has failed or refused to provide the scheduling update information required herein.

Baseline Progress Schedule. Contractor shall within twenty (20) days after the date of contract execution, prepare and submit to the County and Engineer for review and approval, a detailed and feasible Critical Path Method (CPM) Construction Schedule showing the method by which the Contractor will comply with Contract Milestones and Completion date requirements as set forth in the County-Contractor Agreement called the Baseline Progress Schedule. Any changes to the initial schedule submission shall be performed within seven (7) days after receipt from the County and Engineer. The schedule shall show in detail all applicable activities, resources, duration, relationships and logic of how the Contractor plans to execute and coordinate the Work. The Contractor shall use this schedule in the planning, scheduling, direction, coordination and execution of the Work. The Construction Schedule shall encompass all of the work of all trades necessary for construction of the Project and shall be sufficiently complete and comprehensive to enable progress to be monitored on a day-to-day basis. The Contractor shall be provided with a copy of all schedules, updates reports and other documentation required herein which shall be compatible to the software used by the Engineer. The cost of the CPM and Biweekly Progress Construction Schedules, meetings and all monthly updates shall be included in the bidders Lump Sum PrIce. It is the sole responsibility of the Contractor to prepare, maintain, update, revise and utilize the CPM Construction Schedule as outlined herewith. The schedule shall be the sole overall Construction Schedule utilized by the Contractor in managing this Project, provided, however, that Contractor may at its option employ and utilize other schedules based upon and consistent with the Construction Schedule. In general, it is the intent of this Paragraph to allow the Contractor to choose its own means, methods and construction procedures consistent with good practice and the Contract Documents. If the Contractor should submit a schedule or express an intention to complete the Work earlier than any required Milestone or Completion date, the County shall not be liable to the Contractor for any costs or delay should the Contractor be unable to complete the Work before such earlier Milestone or Completion date. The duties, obligations and warranties of the County to the Contractor shall be consistent with and applicable only to the completion of the Work on the Milestone and completion dates required in the Countys-County- Contractor Agreement. Submission to the County of the Construction Schedule is advisory only and shall not relieve the Contractor of the responsibility for accomplishing the Work within each and every required Milestone and Completion date. Omissions and errors in the approved Construction Schedule shall not excuse performance that is not in compliance with the Contract. Submission to the County in no way makes the County an insurer of the Construction Schedule's success or liable for time or cost overruns flowing from its shortcomings. The County hereby disclaims any obligation or liability by reason of County approval or failure to object to the Construction Schedule and Contractor hereby acknowledges said disclaimer. The Contractor shall consult with and obtain information from principal Subcontractors necessary in preparation of the schedules, updates and revisions required herein. Contractor shall provide each principal Subcontractor with copies of the Construction Schedule and any revisions or updates affecting a Subcontractor's work. Contractor shall hold appropriate weekly progress meetings with Subcontractors and shall direct and coordinate the work of Subcontractors consistent with and as required herein. County shall have the right to attend Subcontractor progress meetings but shall not be required to participate in such meetings or provide information to Subcontractors, except through the Contractor. Contractor shall keep up-to-date minutes of Subcontractor progress meetings and shall provide same to County. The Contractor shall ensure that each Subcontractor supplier acknowledges and accepts the requirements of the Construction Schedule relating to their part of the Work. If Contractor's Construction Schedule indicates that County or a separate Contractor is to perform an activity by a specific date, or within a certain duration, County or any separate Contractor shall not be bound to said date or duration unless County expressly and specifically agrees in writing to same; the County's overall review of the schedule does not constitute an agreement to specific dates or durations for activities of the County or any separate contractor. The CPM Construction Schedule shall be updated monthly reflecting actual progress of the Project. If the monthly Progress Schedule indicates the Contractor will not meet the Contract Completion date, the Contractor shall at no cost to the County attempt to recover any lost time due to ineffective planning and organization, lack of timely material acquisition inefficiencies, errors, or other causes due to no fault by the County. In such a case, the Contractor shall provide the necessary resources to regain lost time, provide remedies and solutions to meet the Project Completion Date. Two copies of the CPM Project Schedule update will be provided in original and an electronic format compatible with the County’s and Engineer’s software. The Contractor's Superintendent shall maintain at the job site, a current Construction Schedule, indicating actual monthly progress for those portions of the project on which work has been or is being performed. If an extension or contraction of any Milestone or Completion Date is authorized by any Change Order, the Contractor shall revise his Construction Schedule, Milestone and Completion Dates accordingly. If, in the opinion of the County, the Construction Schedule does not accurately reflect the actual progress and sequence of the Contractor's performance of the Work, the Contractor shall revise the Construction Schedule, upon the County's request, and submit revised Construction Schedule that accurately represents the progress and sequence of the Contractor's performance of the Work. Contractor shall submit to the County the name of any scheduling consultant that Contractor may select or retain. Contractor shall not utilize any particular scheduling consultant over the reasonable objection of the County. Contractor covenants and guarantees that Contractor will not: (1) . Misrepresent to County its it’s planning and scheduling of the Work; (2) Utilize schedules materially different from those made available to the County or any Subcontractors for the direction, execution and coordination of the Work, or which are not feasible or realistic; (3) Prepare CPM schedules, updates, revisions or reports which do not accurately reflect Contractor's actual intent or Contractor's reasonable and actual expectations as to: a. The sequences of activities, b. The duration of activities, c. The responsibility for activities, d. Resource availability, e. Labor availability or efficiency, f. Expected weather conditions, g. The value associated with the activity, h. The percentage complete of any activity, i. Completion of any item of work or activity, j. Project completion, k. Delays, slippages, or problems encountered or expected, l. Subcontractor requests for time extension, or delay claims of subcontractors, and m. If applicable, the float time available. Should Contractor fail to substantially comply with the provisions of the Contract Documents relating to scheduling and execution of the Work by the overall project schedule, County shall have the right, at its option, to retain the services of scheduling consultants or experts (including attorneys if necessary in the opinion of the County) to prepare schedules, reports, updates and revisions of the schedule in accordance with the Contract Documents and to review and analyze same, in order to allow Engineer to evaluate the program of the Work by Contractor, to determine whether Contractor is substantially complying with the Contract Documents, and to direct such action of the part of the Contractor, as permitted by the Contract Documents, as required to ensure, under the County's schedule prepared hereunder, that Contractor will complete the Work within the Contract Time. All costs and expenses and fees incurred by County in preparing the schedule hereunder shall be charged to Contractor's account. If Contractor fails to substantially comply with the scheduling and execution of the work requirements of the Contract Documents, Contractor hereby agrees, in such instance, to comply with such County-prepared schedules, if any, or directions, and activity sequences and durations as County may reasonably require, without additional cost to the County (subject only to cost adjustments for such changes in the Work as County may direct), to ensure completion within the Contract Time. The Construction Schedule shall be utilized by County, Engineer and Contractor for submission, review and approval of monthly Payment Request. The CPM Construction Schedule must be updated by Contractor monthly using compatible software to the County, with each progress payment application and submitted to the County and Engineer for review with the progress payment application. County shall not be required to process and review Contractor's Application for Payment if Contractor has failed or refused to provide the scheduling update information required herein.

Baseline Progress Schedule. Contractor shall within twenty (20) days after the date of contract execution, prepare and submit to the County Owner and Engineer for review and approval, a detailed and feasible Critical Path Method (CPM) Construction Schedule showing the method by which the Contractor will comply with Contract Milestones and Completion date requirements as set forth in the CountyOwner-Contractor Agreement called the Baseline Progress Schedule. Any changes to the initial schedule submission shall be performed within seven (7) days after receipt from the County Owner and Engineer. The schedule shall show in detail all applicable activities, resources, duration, relationships and logic of how the Contractor plans to execute and coordinate the Work. The Contractor shall use this schedule in the planning, scheduling, direction, coordination and execution of the Work. The Construction Schedule shall encompass all of the work of all trades necessary for construction of the Project and shall be sufficiently complete and comprehensive to enable progress to be monitored on a day-to-day basis. The Contractor shall be provided with a copy of all schedules, updates reports and other documentation required herein which shall be compatible to the software used by the Engineer. The cost of the CPM and Biweekly Progress Construction Schedules, meetings and all monthly updates shall be included in the bidders Lump Sum PrIce. It is the sole responsibility of the Contractor to prepare, maintain, update, revise and utilize the CPM Construction Schedule as outlined herewith. The schedule shall be the sole overall Construction Schedule utilized by the Contractor in managing this Project, provided, however, that Contractor may at its option employ and utilize other schedules based upon and consistent with the Construction Schedule. In general, it is the intent of this Paragraph to allow the Contractor to choose its own means, methods and construction procedures consistent with good practice and the Contract Documents. If the Contractor should submit a schedule or express an intention to complete the Work earlier than any required Milestone or Completion date, the County Owner shall not be liable to the Contractor for any costs or delay should the Contractor be unable to complete the Work before such earlier Milestone or Completion date. The duties, obligations and warranties of the County Owner to the Contractor shall be consistent with and applicable only to the completion of the Work on the Milestone and completion dates required in the CountysOwners-Contractor Agreement. Submission to the County Owner of the Construction Schedule is advisory only and shall not relieve the Contractor of the responsibility for accomplishing the Work within each and every required Milestone and Completion date. Omissions and errors in the approved Construction Schedule shall not excuse performance that is not in compliance with the Contract. Submission to the County Owner in no way makes the County Owner an insurer of the Construction Schedule's success or liable for time or cost overruns flowing from its shortcomings. The County Owner hereby disclaims any obligation or liability by reason of County Owner approval or failure to object to the Construction Schedule and Contractor hereby acknowledges said disclaimer. The Contractor shall consult with and obtain information from principal Subcontractors necessary in preparation of the schedules, updates and revisions required herein. Contractor shall provide each principal Subcontractor with copies of the Construction Schedule and any revisions or updates affecting a Subcontractor's work. Contractor shall hold appropriate weekly progress meetings with Subcontractors and shall direct and coordinate the work of Subcontractors consistent with and as required herein. County Owner shall have the right to attend Subcontractor progress meetings but shall not be required to participate in such meetings or provide information to Subcontractors, except through the Contractor. Contractor shall keep up-to-date minutes of Subcontractor progress meetings and shall provide same to CountyOwner. The Contractor shall ensure that each Subcontractor supplier acknowledges and accepts the requirements of the Construction Schedule relating to their part of the Work. If Contractor's Construction Schedule indicates that County Owner or a separate Contractor is to perform an activity by a specific date, or within a certain duration, County Owner or any separate Contractor shall not be bound to said date or duration unless County Owner expressly and specifically agrees in writing to same; the CountyOwner's overall review of the schedule does not constitute an agreement to specific dates or durations for activities of the County Owner or any separate contractor. The CPM Construction Schedule shall be updated monthly reflecting actual progress of the Project. If the monthly Progress Schedule indicates the Contractor will not meet the Contract Completion date, the Contractor shall at no cost to the County Owner attempt to recover any lost time due to ineffective planning and organization, lack of timely material acquisition inefficiencies, errors, or other causes due to no fault by the CountyOwner. In such a case, the Contractor shall provide the necessary resources to regain lost time, provide remedies and solutions to meet the Project Completion Date. Two copies of the CPM Project Schedule update will be provided in original and an electronic format compatible with the CountyOwner’s and Engineer’s software. The Contractor's Superintendent shall maintain at the job site, a current Construction Schedule, indicating actual monthly progress for those portions of the project on which work has been or is being performed. If an extension or contraction of any Milestone or Completion Date is authorized by any Change Order, the Contractor shall revise his Construction Schedule, Milestone and Completion Dates accordingly. If, in the opinion of the CountyOwner, the Construction Schedule does not accurately reflect the actual progress and sequence of the Contractor's performance of the Work, the Contractor shall revise the Construction Schedule, upon the CountyOwner's request, and submit revised Construction Schedule that accurately represents the progress and sequence of the Contractor's performance of the Work. Contractor shall submit to the County Owner the name of any scheduling consultant that Contractor may select or retain. Contractor shall not utilize any particular scheduling consultant over the reasonable objection of the CountyOwner. Contractor covenants and guarantees that Contractor will not: (1) Misrepresent to County Owner its planning and scheduling of the Work; (2) Utilize schedules materially different from those made available to the County Owner or any Subcontractors for the direction, execution and coordination of the Work, or which are not feasible or realistic; (3) Prepare CPM schedules, updates, revisions or reports which do not accurately reflect Contractor's actual intent or Contractor's reasonable and actual expectations as to: a. The sequences of activities, b. The duration of activities, c. The responsibility for activities, d. Resource availability, e. Labor availability or efficiency, f. Expected weather conditions, g. The value associated with the activity, h. The percentage complete of any activity, i. Completion of any item of work or activity, j. Project completion, k. Delays, slippages, or problems encountered or expected, l. Subcontractor requests for time extension, or delay claims of subcontractors, and m. If applicable, the float time available. Should Contractor fail to substantially comply with the provisions of the Contract Documents relating to scheduling and execution of the Work by the overall project schedule, County Owner shall have the right, at its option, to retain the services of scheduling consultants or experts (including attorneys if necessary in the opinion of the CountyOwner) to prepare schedules, reports, updates and revisions of the schedule in accordance with the Contract Documents and to review and analyze same, in order to allow Engineer to evaluate the program of the Work by Contractor, to determine whether Contractor is substantially complying with the Contract Documents, and to direct such action of the part of the Contractor, as permitted by the Contract Documents, as required to ensure, under the CountyOwner's schedule prepared hereunder, that Contractor will complete the Work within the Contract Time. All costs and expenses and fees incurred by County Owner in preparing the schedule hereunder shall be charged to Contractor's account. If Contractor fails to substantially comply with the scheduling and execution of the work requirements of the Contract Documents, Contractor hereby agrees, in such instance, to comply with such CountyOwner-prepared schedules, if any, or directions, and activity sequences and durations as County Owner may reasonably require, without additional cost to the County Owner (subject only to cost adjustments for such changes in the Work as County Owner may direct), to ensure completion within the Contract Time. The Construction Schedule shall be utilized by CountyOwner, Engineer and Contractor for submission, review and approval of monthly Payment Request. The CPM Construction Schedule must be updated by Contractor monthly using compatible software to the CountyOwner, with each progress payment application and submitted to the County Owner and Engineer for review with the progress payment application. County Owner shall not be required to process and review Contractor's Application for Payment if Contractor has failed or refused to provide the scheduling update information required herein.

Baseline Progress Schedule. Contractor shall within twenty thirty (2030) days after the date of contract execution, prepare and submit to the County Owner and Engineer for review and approval, a detailed and feasible Critical Path Method (CPM) Construction Schedule showing the method by which the Contractor will comply with Contract Milestones and Completion date requirements as set forth in the CountyOwner-Contractor Agreement called the Baseline Progress Schedule. Any changes to the initial schedule submission shall be performed within seven (7) days after receipt from the County Owner and Engineer. The schedule shall show in detail all applicable activities, resources, duration, relationships and logic of how the Contractor plans to execute and coordinate the Work. The Contractor shall use this schedule in the planning, scheduling, direction, coordination and execution of the Work. The Construction Schedule shall encompass all of the work of all trades necessary for construction of the Project and shall be sufficiently complete and comprehensive to enable progress to be monitored on a day-to-day basis. The Contractor shall be provided with a copy of all schedules, updates reports and other documentation required herein which shall be compatible to the software used by the Engineer. The cost of the CPM and Biweekly Progress Construction Schedules, meetings and all monthly updates shall be included in the bidders Lump Sum PrIce. It is the sole responsibility of the Contractor to prepare, maintain, update, revise and utilize the CPM Construction Schedule as outlined herewith. The schedule shall be the sole overall Construction Schedule utilized by the Contractor in managing this Project, provided, however, that Contractor may at its option employ and utilize other schedules based upon and consistent with the Construction Schedule. In general, it is the intent of this Paragraph to allow the Contractor to choose its own means, methods and construction procedures consistent with good practice and the Contract Documents. If the Contractor should submit a schedule or express an intention to complete the Work earlier than any required Milestone or Completion date, the County Owner shall not be liable to the Contractor for any costs or delay should the Contractor be unable to complete the Work before such earlier Milestone or Completion date. The duties, obligations and warranties of the County Owner to the Contractor shall be consistent with and applicable only to the completion of the Work on the Milestone and completion dates required in the CountysOwners-Contractor Agreement. Submission to the County Owner of the Construction Schedule is advisory only and shall not relieve the Contractor of the responsibility for accomplishing the Work within each and every required Milestone and Completion date. Omissions and errors in the approved Construction Schedule shall not excuse performance that is not in compliance with the Contract. Submission to the County Owner in no way makes the County Owner an insurer of the Construction Schedule's success or liable for time or cost overruns flowing from its shortcomings. The County Owner hereby disclaims any obligation or liability by reason of County Owner approval or failure to object to the Construction Schedule and Contractor hereby acknowledges said disclaimer. The Contractor shall consult with and obtain information from principal Subcontractors necessary in preparation of the schedules, updates and revisions required herein. Contractor shall provide each principal Subcontractor with copies of the Construction Schedule and any revisions or updates affecting a Subcontractor's work. Contractor shall hold appropriate weekly progress meetings with Subcontractors and shall direct and coordinate the work of Subcontractors consistent with and as required herein. County Owner shall have the right to attend Subcontractor progress meetings but shall not be required to participate in such meetings or provide information to Subcontractors, except through the Contractor. Contractor shall keep up-to-date minutes of Subcontractor progress meetings and shall provide same to CountyOwner. The Contractor shall ensure that each Subcontractor supplier acknowledges and accepts the requirements of the Construction Schedule relating to their part of the Work. If Contractor's Construction Schedule indicates that County Owner or a separate Contractor is to perform an activity by a specific date, or within a certain duration, County Owner or any separate Contractor shall not be bound to said date or duration unless County Owner expressly and specifically agrees in writing to same; the CountyOwner's overall review of the schedule does not constitute an agreement to specific dates or durations for activities of the County Owner or any separate contractor. The CPM Construction Schedule shall be updated monthly reflecting actual progress of the Project. If the monthly Progress Schedule indicates the Contractor will not meet the Contract Completion date, the Contractor shall at no cost to the County Owner attempt to recover any lost time due to ineffective planning and organization, lack of timely material acquisition inefficiencies, errors, or other causes due to no fault by the CountyOwner. In such a case, the Contractor shall provide the necessary resources to regain lost time, provide remedies and solutions to meet the Project Completion Date. Two copies of the CPM Project Schedule update will be provided in original and an electronic format compatible with the CountyOwner’s and Engineer’s software. The Contractor's Superintendent shall maintain at the job site, a current Construction Schedule, indicating actual monthly progress for those portions of the project on which work has been or is being performed. If an extension or contraction of any Milestone or Completion Date is authorized by any Change Order, the Contractor shall revise his Construction Schedule, Milestone and Completion Dates accordingly. If, in the opinion of the CountyOwner, the Construction Schedule does not accurately reflect the actual progress and sequence of the Contractor's performance of the Work, the Contractor shall revise the Construction Schedule, upon the CountyOwner's request, and submit revised Construction Schedule that accurately represents the progress and sequence of the Contractor's performance of the Work. Contractor shall submit to the County Owner the name of any scheduling consultant that Contractor may select or retain. Contractor shall not utilize any particular scheduling consultant over the reasonable objection of the CountyOwner. Contractor covenants and guarantees that Contractor will not: (1) Misrepresent to County Owner its planning and scheduling of the Work; (2) Utilize schedules materially different from those made available to the County Owner or any Subcontractors for the direction, execution and coordination of the Work, or which are not feasible or realistic; (3) Prepare CPM schedules, updates, revisions or reports which do not accurately reflect Contractor's actual intent or Contractor's reasonable and actual expectations as to: a. The sequences of activities, b. The duration of activities, c. The responsibility for activities, d. Resource availability, e. Labor availability or efficiency, f. Expected weather conditions, g. The value associated with the activity, h. The percentage complete of any activity, i. Completion of any item of work or activity, j. Project completion, k. Delays, slippages, or problems encountered or expected, l. Subcontractor requests for time extension, or delay claims of subcontractors, and m. If applicable, the float time available. Should Contractor fail to substantially comply with the provisions of the Contract Documents relating to scheduling and execution of the Work by the overall project schedule, County Owner shall have the right, at its option, to retain the services of scheduling consultants or experts (including attorneys if necessary in the opinion of the CountyOwner) to prepare schedules, reports, updates and revisions of the schedule in accordance with the Contract Documents and to review and analyze same, in order to allow Engineer to evaluate the program of the Work by Contractor, to determine whether Contractor is substantially complying with the Contract Documents, and to direct such action of the part of the Contractor, as permitted by the Contract Documents, as required to ensure, under the CountyOwner's schedule prepared hereunder, that Contractor will complete the Work within the Contract Time. All costs and expenses and fees incurred by County Owner in preparing the schedule hereunder shall be charged to Contractor's account. If Contractor fails to substantially comply with the scheduling and execution of the work requirements of the Contract Documents, Contractor hereby agrees, in such instance, to comply with such CountyOwner-prepared schedules, if any, or directions, and activity sequences and durations as County Owner may reasonably require, without additional cost to the County Owner (subject only to cost adjustments for such changes in the Work as County Owner may direct), to ensure completion within the Contract Time. The Construction Schedule shall be utilized by CountyOwner, Engineer and Contractor for submission, review and approval of monthly Payment Request. The CPM Construction Schedule must be updated by Contractor monthly using compatible software to the CountyOwner, with each progress payment application and submitted to the County Owner and Engineer for review with the progress payment application. County Owner shall not be required to process and review Contractor's Application for Payment if Contractor has failed or refused to provide the scheduling update information required herein.

Baseline Progress Schedule. Contractor shall within twenty (20) days after the date of contract execution, prepare and submit to the County Owner and Engineer for review and approval, a detailed and feasible Critical Path Method (CPM) Construction Schedule showing the method by which the Contractor will comply with Contract Milestones and Completion date requirements as set forth in the CountyOwner-Contractor Agreement called the Baseline Progress Schedule. Any changes to the initial schedule submission shall be performed within seven (7) days after receipt from the County Owner and Engineer. The schedule shall show in detail all applicable activities, resources, duration, relationships and logic of how the Contractor plans to execute and coordinate the Work. The Contractor shall use this schedule in the planning, scheduling, direction, coordination and execution of the Work. The Construction Schedule shall encompass all of the work of all trades necessary for construction of the Project and shall be sufficiently complete and comprehensive to enable progress to be monitored on a day-to-day basis. The Contractor shall be provided with a copy of all schedules, updates reports and other documentation required herein which shall be compatible to the software used by the Engineer. The cost of the CPM and Biweekly Progress Construction Schedules, meetings and all monthly updates shall be included in the bidders Lump Sum PrIce. It is the sole responsibility of the Contractor to prepare, maintain, update, revise and utilize the CPM Construction Schedule as outlined herewith. The schedule shall be the sole overall Construction Schedule utilized by the Contractor in managing this Project, provided, however, that Contractor may at its option employ and utilize other schedules based upon and consistent with the Construction Schedule. In general, it is the intent of this Paragraph to allow the Contractor to choose its own means, methods and construction procedures consistent with good practice and the Contract Documents. If the Contractor should submit a schedule or express an intention to complete the Work earlier than any required Milestone or Completion date, the County Owner shall not be liable to the Contractor for any costs or delay should the Contractor be unable to complete the Work before such earlier Milestone or Completion date. The duties, obligations and warranties of the County Owner to the Contractor shall be consistent with and applicable only to the completion of the Work on the Milestone and completion dates required in the CountysOwners-Contractor Agreement. Submission to the County Owner of the Construction Schedule is advisory only and shall not relieve the Contractor of the responsibility for accomplishing the Work within each and every required Milestone and Completion date. Omissions and errors in the approved Construction Schedule shall not excuse performance that is not in compliance with the Contract. Submission to the County Owner in no way makes the County Owner an insurer of the Construction Schedule's success or liable for time or cost overruns flowing from its shortcomings. The County Owner hereby disclaims any obligation or liability by reason of County Owner approval or failure to object to the Construction Schedule and Contractor hereby acknowledges said disclaimer. The Contractor shall consult with and obtain information from principal Subcontractors necessary in preparation of the schedules, updates and revisions required herein. Contractor shall provide each principal Subcontractor with copies of the Construction Schedule and any revisions or updates affecting a Subcontractor's work. Contractor shall hold appropriate weekly progress meetings with Subcontractors and shall direct and coordinate the work of Subcontractors consistent with and as required herein. County Owner shall have the right to attend Subcontractor progress meetings but shall not be required requ ired to participate in such meetings or provide information to Subcontractors, except through the Contractor. Contractor shall keep up-to-date minutes of Subcontractor progress meetings and shall provide same to CountyOwner. The Contractor shall ensure that each Subcontractor supplier acknowledges and accepts the requirements of the Construction Schedule relating to their part of the Work. If Contractor's Construction Schedule indicates that County Owner or a separate Contractor is to perform an activity by a specific date, or within a certain duration, County Owner or any separate Contractor shall not be bound to said date or duration unless County Owner expressly and specifically agrees in writing to same; the CountyOwner's overall review of the schedule does not constitute an agreement to specific dates or durations for activities of the County Owner or any separate contractor. The CPM Construction Schedule shall be updated monthly reflecting actual progress of the Project. If the monthly Progress Schedule indicates the Contractor will not meet the Contract Completion date, the Contractor shall at no cost to the County Owner attempt to recover any lost time due to ineffective planning and organization, lack of timely material acquisition inefficiencies, errors, or other causes due to no fault by the CountyOwner. In such a case, the Contractor shall provide the necessary resources to regain lost time, provide remedies and solutions to meet the Project Completion Date. Two copies of the CPM Project Schedule update will be provided in original and an electronic format compatible with the CountyOwner’s and Engineer’s software. The Contractor's Superintendent shall maintain at the job site, a current Construction Schedule, indicating actual monthly progress for those portions of the project on which work has been or is being performed. If an extension or contraction of any Milestone or Completion Date is authorized by any Change Order, the Contractor shall revise his Construction Schedule, Milestone and Completion Dates accordingly. If, in the opinion of the CountyOwner, the Construction Schedule does not accurately reflect the actual progress and sequence of the Contractor's performance of the Work, the Contractor shall revise the Construction Schedule, upon the CountyOwner's request, and submit revised Construction Schedule that accurately represents the progress and sequence of the Contractor's performance of the Work. Contractor shall submit to the County Owner the name of any scheduling consultant that Contractor may select or retain. Contractor shall not utilize any particular scheduling consultant over the reasonable objection of the CountyOwner. Contractor covenants and guarantees that Contractor will not: (1) Misrepresent to County Owner its planning and scheduling of the Work; (2) Utilize schedules materially different from those made available to the County Owner or any Subcontractors for the direction, execution and coordination of the Work, or which are not feasible or realistic; (3) Prepare CPM schedules, updates, revisions or reports which do not accurately reflect Contractor's actual intent or Contractor's reasonable and actual expectations as to: a. The sequences of activities, b. The duration of activities, c. The responsibility for activities, d. Resource availability, e. Labor availability or efficiency, f. Expected weather conditions, g. The value associated with the activity, h. The percentage complete of any activity, i. Completion of any item of work or activity, j. Project completion, k. Delays, slippages, or problems encountered or expected, l. Subcontractor requests for time extension, or delay claims of subcontractors, and m. If applicable, the float time available. Should Contractor fail to substantially comply with the provisions of the Contract Documents relating to scheduling and execution of the Work by the overall project schedule, County Owner shall have the right, at its option, to retain the services of scheduling consultants or experts (including attorneys if necessary in the opinion of the CountyOwner) to prepare schedules, reports, updates and revisions of the schedule in accordance with the Contract Documents and to review and analyze same, in order to allow Engineer to evaluate the program of the Work by Contractor, to determine whether Contractor is substantially complying with the Contract Documents, and to direct such action of the part of the Contractor, as permitted by the Contract Documents, as required to ensure, under the CountyOwner's schedule prepared hereunder, that Contractor will complete the Work within the Contract Time. All costs and expenses and fees incurred by County Owner in preparing the schedule hereunder shall be charged to Contractor's account. If I f Contractor fails to substantially comply with the scheduling and execution of the work requirements of the Contract Documents, Contractor hereby agrees, in such instance, to comply with such CountyOwner-prepared schedules, if any, or directions, and activity sequences and durations as County Owner may reasonably require, without additional cost to the County Owner (subject only to cost adjustments for such changes in the Work as County Owner may direct), to ensure completion within the Contract Time. The Construction Schedule shall be utilized by CountyOwner, Engineer and Contractor for submission, review and approval of monthly Payment Request. The CPM Construction Schedule must be updated by Contractor monthly using compatible software to the CountyOwner, with each progress payment application and submitted to the County Owner and Engineer for review with the progress payment application. County Owner shall not be required to process and review Contractor's Application for Payment if Contractor has failed or refused to provide the scheduling update information required herein.

Baseline Progress Schedule. Contractor shall within twenty (20) days after the date of contract execution, prepare and submit to the County and Engineer for review and approval, a detailed and feasible Critical Path Method (CPM) Construction Schedule showing the method by which the Contractor will comply with Contract Milestones and Completion date requirements as set forth in the County-Contractor Agreement called the Baseline Progress Schedule. Any changes to the initial schedule submission shall be performed within seven (7) days after receipt from the County and Engineer. The schedule shall show in detail all applicable activities, resources, duration, relationships and logic of how the Contractor plans to execute and coordinate the Work. The Contractor shall use this schedule in the planning, scheduling, direction, coordination and execution of the Work. The Construction Schedule shall encompass all of the work of all trades necessary for construction of the Project and shall be sufficiently complete and comprehensive to enable progress to be monitored on a day-to-day basis. The Contractor shall be provided with a copy of all schedules, updates reports and other documentation required herein which shall be compatible to the software used by the Engineer. The cost of the CPM and Biweekly Progress Construction Schedules, meetings and all monthly updates shall be included in the bidders Lump Sum PrIcePrice. It is the sole responsibility of the Contractor to prepare, maintain, update, revise and utilize the CPM Construction Schedule as outlined herewith. The schedule shall be the sole overall Construction Schedule utilized by the Contractor in managing this Project, provided, however, that Contractor may at its option employ and utilize other schedules based upon and consistent with the Construction Schedule. In general, it is the intent of this Paragraph to allow the Contractor to choose its own means, methods and construction procedures consistent with good practice and the Contract Documents. If the Contractor should submit a schedule or express an intention to complete the Work earlier than any required Milestone or Completion date, the County shall not be liable to the Contractor for any costs or delay should the Contractor be unable to complete the Work before such earlier Milestone or Completion date. The duties, obligations and warranties of the County to the Contractor shall be consistent with and applicable only to the completion of the Work on the Milestone and completion dates required in the CountysCounty-Contractor Agreement. Submission to the County of the Construction Schedule is advisory only and shall not relieve the Contractor of the responsibility for accomplishing the Work within each and every required Milestone and Completion date. Omissions and errors in the approved Construction Schedule shall not excuse performance that is not in compliance with the Contract. Submission to the County in no way makes the County an insurer of the Construction Schedule's success or liable for time or cost overruns flowing from its shortcomings. The County hereby disclaims any obligation or liability by reason of County approval or failure to object to the Construction Schedule and Contractor hereby acknowledges said disclaimer. The Contractor shall consult with and obtain information from principal Subcontractors necessary in preparation of the schedules, updates and revisions required herein. Contractor shall provide each principal Subcontractor with copies of the Construction Schedule and any revisions or updates affecting a Subcontractor's work. Contractor shall hold appropriate weekly progress meetings with Subcontractors and shall direct and coordinate the work of Subcontractors consistent with and as required herein. County shall have the right to attend Subcontractor progress meetings but shall not be required to participate in such meetings or provide information to Subcontractors, except through the Contractor. Contractor shall keep up-to-date minutes of Subcontractor progress meetings and shall provide same to County. The Contractor shall ensure that each Subcontractor supplier acknowledges and accepts the requirements of the Construction Schedule relating to their part of the Work. If Contractor's Construction Schedule indicates that County or a separate Contractor is to perform an activity by a specific date, or within a certain duration, County or any separate Contractor shall not be bound to said date or duration unless County expressly and specifically agrees in writing to same; the County's overall review of the schedule does not constitute an agreement to specific dates or durations for activities of the County or any separate contractor. The CPM Construction Schedule shall be updated monthly reflecting actual progress of the Project. If the monthly Progress Schedule indicates the Contractor will not meet the Contract Completion date, the Contractor shall at no cost to the County attempt to recover any lost time due to ineffective planning and organization, lack of timely material acquisition inefficiencies, errors, or other causes due to no fault by the County. In such a case, the Contractor shall provide the necessary resources to regain lost time, provide remedies and solutions to meet the Project Completion Date. Two copies of the CPM Project Schedule update will be provided in original and an electronic format compatible with the County’s and Engineer’s software. The Contractor's Superintendent shall maintain at the job site, a current Construction Schedule, indicating actual monthly progress for those portions of the project on which work has been or is being performed. If an extension or contraction of any Milestone or Completion Date is authorized by any Change Order, the Contractor shall revise his Construction Schedule, Milestone and Completion Dates accordingly. If, in the opinion of the County, the Construction Schedule does not accurately reflect the actual progress and sequence of the Contractor's performance of the Work, the Contractor shall revise the Construction Schedule, upon the County's request, and submit revised Construction Schedule that accurately represents the progress and sequence of the Contractor's performance of the Work. Contractor shall submit to the County the name of any scheduling consultant that Contractor may select or retain. Contractor shall not utilize any particular scheduling consultant over the reasonable objection of the County. Contractor covenants and guarantees that Contractor will not: (1) Misrepresent to County its planning and scheduling of the Work; (2) Utilize schedules materially different from those made available to the County or any Subcontractors for the direction, execution and coordination of the Work, or which are not feasible or realistic; (3) Prepare CPM schedules, updates, revisions or reports which do not accurately reflect Contractor's actual intent or Contractor's reasonable and actual expectations as to: a. The sequences of activities, b. The duration of activities, c. The responsibility for activities, d. Resource availability, e. Labor availability or efficiency, f. Expected weather conditions, g. The value associated with the activity, h. The percentage complete of any activity, i. Completion of any item of work or activity, j. Project completion, k. Delays, slippages, or problems encountered or expected, l. Subcontractor requests for time extension, or delay claims of subcontractors, and m. If applicable, the float time available. Should Contractor fail to substantially comply with the provisions of the Contract Documents relating to scheduling and execution of the Work by the overall project schedule, County shall have the right, at its option, to retain the services of scheduling consultants or experts (including attorneys if necessary in the opinion of the County) to prepare schedules, reports, updates and revisions of the schedule in accordance with the Contract Documents and to review and analyze same, in order to allow Engineer to evaluate the program of the Work by Contractor, to determine whether Contractor is substantially complying with the Contract Documents, and to direct such action of the part of the Contractor, as permitted by the Contract Documents, as required to ensure, under the County's schedule prepared hereunder, that Contractor will complete the Work within the Contract Time. All costs and expenses and fees incurred by County in preparing the schedule hereunder shall be charged to Contractor's account. If Contractor fails to substantially comply with the scheduling and execution of the work requirements of the Contract Documents, Contractor hereby agrees, in such instance, to comply with such County-prepared schedules, if any, or directions, and activity sequences and durations as County may reasonably require, without additional cost to the County (subject only to cost adjustments for such changes in the Work as County may direct), to ensure completion within the Contract Time. The Construction Schedule shall be utilized by County, Engineer and Contractor for submission, review and approval of monthly Payment Request. The CPM Construction Schedule must be updated by Contractor monthly using compatible software to the County, with each progress payment application and submitted to the County and Engineer for review with the progress payment application. County shall not be required to process and review Contractor's Application for Payment if Contractor has failed or refused to provide the scheduling update information required herein.

Baseline Progress Schedule. Contractor shall within twenty thirty (2030) days after the date of contract execution, prepare and submit to the County and Engineer for review and approval, a detailed and feasible Critical Path Method (CPM) Construction Schedule showing the method by which the Contractor will comply with Contract Milestones and Completion date requirements as set forth in the County-Contractor Agreement called the Baseline Progress Schedule. Any changes to the initial schedule submission shall be performed within seven (7) days after receipt from the County and Engineer. The schedule shall show in detail all applicable activities, resources, duration, relationships and logic of how the Contractor plans to execute and coordinate the Work. The Contractor shall use this schedule in the planning, scheduling, direction, coordination and execution of the Work. The Construction Schedule shall encompass all of the work of all trades necessary for construction of the Project and shall be sufficiently complete and comprehensive to enable progress to be monitored on a day-to-day basis. The Contractor shall be provided with a copy of all schedules, updates reports and other documentation required herein which shall be compatible to the software used by the Engineer. The cost of the CPM and Biweekly Progress Construction Schedules, meetings and all monthly updates shall be included in the bidders Lump Sum PrIce. It is the sole responsibility of the Contractor to prepare, maintain, update, revise and utilize the CPM Construction Schedule as outlined herewith. The schedule shall be the sole overall Construction Schedule utilized by the Contractor in managing this Project, provided, however, that Contractor may at its option employ and utilize other schedules based upon and consistent with the Construction Schedule. In general, it is the intent of this Paragraph to allow the Contractor to choose its own means, methods and construction procedures consistent with good practice and the Contract Documents. If the Contractor should submit a schedule or express an intention to complete the Work earlier than any required Milestone or Completion date, the County shall not be liable to the Contractor for any costs or delay should the Contractor be unable to complete the Work before such earlier Milestone or Completion date. The duties, obligations and warranties of the County to the Contractor shall be consistent with and applicable only to the completion of the Work on the Milestone and completion dates required in the Countys-Contractor Agreement. Submission to the County of the Construction Schedule is advisory only and shall not relieve the Contractor of the responsibility for accomplishing the Work within each and every required Milestone and Completion date. Omissions and errors in the approved Construction Schedule shall not excuse performance that is not in compliance with the Contract. Submission to the County in no way makes the County an insurer of the Construction Schedule's success or liable for time or cost overruns flowing from its shortcomings. The County hereby disclaims any obligation or liability by reason of County approval or failure to object to the Construction Schedule and Contractor hereby acknowledges said disclaimer. The Contractor shall consult with and obtain information from principal Subcontractors necessary in preparation of the schedules, updates and revisions required herein. Contractor shall provide each principal Subcontractor with copies of the Construction Schedule and any revisions or updates affecting a Subcontractor's work. Contractor shall hold appropriate weekly progress meetings with Subcontractors and shall direct and coordinate the work of Subcontractors consistent with and as required herein. County shall have the right to attend Subcontractor progress meetings but shall not be required to participate in such meetings or provide information to Subcontractors, except through the Contractor. Contractor shall keep up-to-date minutes of Subcontractor progress meetings and shall provide same to County. The Contractor shall ensure that each Subcontractor supplier acknowledges and accepts the requirements of the Construction Schedule relating to their part of the Work. If Contractor's Construction Schedule indicates that County or a separate Contractor is to perform toperform an activity by a specific date, or within a certain duration, County or any separate Contractor shall not be bound to said date or duration unless County expressly and specifically agrees in writing to same; the County's overall review of the schedule does not constitute an agreement to specific dates or durations for activities of the County or any separate contractor. The CPM Construction Schedule shall be updated monthly reflecting actual progress of the Project. If the monthly Progress Schedule indicates the Contractor will not meet the Contract Completion date, the Contractor shall at no cost to the County attempt to recover any lost time due to ineffective planning and organization, lack of timely material acquisition inefficiencies, errors, or other causes due to no fault by the County. In such a case, the Contractor shall provide the necessary resources to regain lost time, provide remedies and solutions to meet the Project Completion Date. Two copies of the CPM Project Schedule update will be provided in original and an electronic format compatible with the County’s and Engineer’s software. The Contractor's Superintendent shall maintain at the job site, a current Construction Schedule, indicating actual monthly progress for those portions of the project on which work has been or is being performed. If an extension or contraction of any Milestone or Completion Date is authorized by any Change Order, the Contractor shall revise his Construction Schedule, Milestone and Completion Dates accordingly. If, in the opinion of the County, the Construction Schedule does not accurately reflect the actual progress and sequence of the Contractor's performance of the Work, the Contractor shall revise the Construction Schedule, upon the County's request, and submit revised Construction Schedule that accurately represents the progress and sequence of the Contractor's performance of the Work. Contractor shall submit to the County the name of any scheduling consultant that Contractor may select or retain. Contractor shall not utilize any particular scheduling consultant over the reasonable objection of the County. Contractor covenants and guarantees that Contractor will not: (1) Misrepresent to County its planning and scheduling of the Work; (2) Utilize schedules materially different from those made available to the County or any Subcontractors for the direction, execution and coordination of the Work, or which are not feasible or realistic; (3) Prepare CPM schedules, updates, revisions or reports which do not accurately reflect Contractor's actual intent or Contractor's reasonable and actual expectations as to: a. The sequences of activities, b. The duration of activities, c. The responsibility for activities, d. Resource availability, e. Labor availability or efficiency, f. Expected weather conditions, g. The value associated with the activity, h. The percentage complete of any activity, i. Completion of any item of work or activity, j. Project completion, k. Delays, slippages, or problems encountered or expected, l. Subcontractor requests for time extension, or delay claims of subcontractors, and m. If applicable, the float time available. Should Contractor fail to substantially comply with the provisions of the Contract Documents relating to scheduling and execution of the Work by the overall project schedule, County shall have the right, at its option, to retain the services of scheduling consultants or experts (including attorneys if necessary in the opinion of the County) to prepare schedules, reports, updates and revisions of the schedule in accordance with the Contract Documents and to review and analyze same, in order to allow Engineer to evaluate the program of the Work by Contractor, to determine whether Contractor is substantially complying with the Contract Documents, and to direct such action of the part of the Contractor, as permitted by the Contract Documents, as required to ensure, under the County's schedule prepared hereunder, that Contractor will complete the Work within the Contract Time. All costs and expenses and fees incurred by County in preparing the schedule hereunder shall be charged to Contractor's account. If Contractor fails to substantially comply with the scheduling and execution of the work requirements of the Contract Documents, Contractor hereby agrees, in such instance, to comply with such County-prepared schedules, if any, or directions, and activity sequences and durations as County may reasonably require, without additional cost to the County (subject only to cost adjustments for such changes in the Work as County may direct), to ensure completion within the Contract Time. The Construction Schedule shall be utilized by County, Engineer and Contractor for submission, review and approval of monthly Payment Request. The CPM Construction Schedule must be updated by Contractor monthly using compatible software to the County, with each progress payment application and submitted to the County and Engineer for review with the progress payment application. County shall not be required to process and review Contractor's Application for Payment if Contractor has failed or refused to provide the scheduling update information required herein.

Baseline Progress Schedule. Contractor shall within twenty (20) days after the date of contract execution, prepare and submit to the County and Engineer for review and approval, a detailed and feasible Critical Path Method (CPM) Construction Schedule showing the method by which the Contractor will comply with Contract Milestones and Completion date requirements as set forth in the County-Contractor Agreement called the Baseline Progress Schedule. Any changes to the initial schedule submission shall be performed within seven (7) days after receipt from the County and Engineer. The schedule shall show in detail all applicable activities, resources, duration, relationships and logic of how the Contractor plans to execute and coordinate the Work. The Contractor shall use this schedule in the planning, scheduling, direction, coordination and execution of the Work. The Construction Schedule shall encompass all of the work of all trades necessary for construction of the Project and shall be sufficiently complete and comprehensive to enable progress to be monitored on a day-to-day basis. The Contractor shall be provided with a copy of all schedules, updates reports and other documentation required herein which shall be compatible to the software used by the Engineer. The cost of the CPM and Biweekly Progress Construction Schedules, meetings and all monthly updates shall be included in the bidders Lump Sum PrIce. It is the sole responsibility of the Contractor to prepare, maintain, update, revise and utilize the CPM Construction Schedule as outlined herewith. The schedule shall be the sole overall Construction Schedule utilized by the Contractor in managing this Project, provided, however, that Contractor may at its option employ and utilize other schedules based upon and consistent with the Construction Schedule. In general, it is the intent of this Paragraph to allow the Contractor to choose its own means, methods and construction procedures consistent with good practice and the Contract Documents. If the Contractor should submit a schedule or express an intention to complete the Work earlier than any required Milestone or Completion date, the County shall not be liable to the Contractor for any costs or delay should the Contractor be unable to complete the Work before such earlier Milestone or Completion date. The duties, obligations and warranties of the County to the Contractor shall be consistent with and applicable only to the completion of the Work on the Milestone and completion dates required in the Countys-County- Contractor Agreement. Submission to the County of the Construction Schedule is advisory only and shall not relieve the Contractor of the responsibility for accomplishing the Work within each and every required Milestone and Completion date. Omissions and errors in the approved Construction Schedule shall not excuse performance that is not in compliance with the Contract. Submission to the County in no way makes the County an insurer of the Construction Schedule's success or liable for time or cost overruns flowing from its shortcomings. The County hereby disclaims any obligation or liability by reason of County approval or failure to object to the Construction Schedule and Contractor hereby acknowledges said disclaimer. The Contractor shall consult with and obtain information from principal Subcontractors necessary in preparation of the schedules, updates and revisions required herein. Contractor shall provide each principal Subcontractor with copies of the Construction Schedule and any revisions or updates affecting a Subcontractor's work. Contractor shall hold appropriate weekly progress meetings with Subcontractors and shall direct and coordinate the work of Subcontractors consistent with and as required herein. County shall have the right to attend Subcontractor progress meetings but shall not be required to participate in such meetings or provide information to Subcontractors, except through the Contractor. Contractor shall keep up-to-date minutes of Subcontractor progress meetings and shall provide same to County. The Contractor shall ensure that each Subcontractor supplier acknowledges and accepts the requirements of the Construction Schedule relating to their part of the Work. If Contractor's Construction Schedule indicates that County or a separate Contractor is to perform an activity by a specific date, or within a certain duration, County or any separate Contractor shall not be bound to said date or duration unless County expressly and specifically agrees in writing to same; the County's overall review of the schedule does not constitute an agreement to specific dates or durations for activities of the County or any separate contractor. The CPM Construction Schedule shall be updated monthly reflecting actual progress of the Project. If the monthly Progress Schedule indicates the Contractor will not meet the Contract Completion date, the Contractor shall at no cost to the County attempt to recover any lost time due to ineffective planning and organization, lack of timely material acquisition inefficiencies, errors, or other causes due to no fault by the County. In such a case, the Contractor shall provide the necessary resources to regain lost time, provide remedies and solutions to meet the Project Completion Date. Two copies of the CPM Project Schedule update will be provided in original and an electronic format compatible with the County’s and Engineer’s software. The Contractor's Superintendent shall maintain at the job site, a current Construction Schedule, indicating actual monthly progress for those portions of the project on which work has been or is being performed. If an extension or contraction of any Milestone or Completion Date is authorized by any Change Order, the Contractor shall revise his Construction Schedule, Milestone and Completion Dates accordingly. If, in the opinion of the County, the Construction Schedule does not accurately reflect the actual progress and sequence of the Contractor's performance of the Work, the Contractor shall revise the Construction Schedule, upon the County's request, and submit revised Construction Schedule that accurately represents the progress and sequence of the Contractor's performance of the Work. Contractor shall submit to the County the name of any scheduling consultant that Contractor may select or retain. Contractor shall not utilize any particular scheduling consultant over the reasonable objection of the County. Contractor covenants and guarantees that Contractor will not: (1) Misrepresent to County its planning and scheduling of the Work; (2) Utilize schedules materially different from those made available to the County or any Subcontractors for the direction, execution and coordination of the Work, or which are not feasible or realistic; (3) Prepare CPM schedules, updates, revisions or reports which do not accurately reflect Contractor's actual intent or Contractor's reasonable and actual expectations as to: a. The sequences of activities, b. The duration of activities, c. The responsibility for activities, d. Resource availability, e. Labor availability or efficiency, f. Expected weather conditions, g. The value associated with the activity, h. The percentage complete of any activity, i. Completion of any item of work or activity, j. Project completion, k. Delays, slippages, or problems encountered or expected, l. Subcontractor requests for time extension, or delay claims of subcontractors, and m. If applicable, the float time available. Should Contractor fail to substantially comply with the provisions of the Contract Documents relating to scheduling and execution of the Work by the overall project schedule, County shall have the right, at its option, to retain the services of scheduling consultants or experts (including attorneys if necessary in the opinion of the County) to prepare schedules, reports, updates and revisions of the schedule in accordance with the Contract Documents and to review and analyze same, in order to allow Engineer to evaluate the program of the Work by Contractor, to determine whether Contractor is substantially complying with the Contract Documents, and to direct such action of the part of the Contractor, as permitted by the Contract Documents, as required to ensure, under the County's schedule prepared hereunder, that Contractor will complete the Work within the Contract Time. All costs and expenses and fees incurred by County in preparing the schedule hereunder shall be charged to Contractor's account. If Contractor fails to substantially comply with the scheduling and execution of the work requirements of the Contract Documents, Contractor hereby agrees, in such instance, to comply with such County-prepared schedules, if any, or directions, and activity sequences and durations as County may reasonably require, without additional cost to the County (subject only to cost adjustments for such changes in the Work as County may direct), to ensure completion within the Contract Time. The Construction Schedule shall be utilized by County, Engineer and Contractor for submission, review and approval of monthly Payment Request. The CPM Construction Schedule must be updated by Contractor monthly using compatible software to the County, with each progress payment application and submitted to the County and Engineer for review with the progress payment application. County shall not be required to process and review Contractor's Application for Payment if Contractor has failed or refused to provide the scheduling update information required herein.