Common use of CONSTRUCTION SCHEDULE/ PROGRESS CHART Clause in Contracts

CONSTRUCTION SCHEDULE/ PROGRESS CHART. a. Within ten (10) working days after receiving Notice to Proceed for each phase, the Private Entity shall prepare and submit to the Owner’s Representative a complete detailed design and construction schedule in the form of a electronic file and two (2) copies of a practical progress chart. The schedule shall show the principal categories of work, corresponding with those used in the breakdown on which progress payments are based, the order in which the Private Entity proposes to carry on the Work, the date on which it will start each category of Work, and the contemplated dates for completion. The design and construction schedule must be in suitable scale to indicate graphically the total percentage of Work scheduled to be in place at any time. The Private Entity shall use a Critical Path Method (CPM) format. This schedule shall use Primavera Scheduling software (Primavera Contractor P6), with at least 100 activities including sitework, procurement, delivery, significant owner activities, and installation of construction materials and equipment. Activities shall be organized by work areas, and work breakdown structure, and shall be fully cost loaded such that the sum of all activities equals the total GMP and shall be used as the feeder report for the Schedule of Values for the purpose of determining progress payment. No activity shall have a value exceeding $40,000 dollars, or a duration longer than ten (10) working days, without prior approval of the Owner’s Representative. A critical path shall be developed based on scheduling logic that identifies all successor and predecessor activities and float. Activities of like duration, programmed for different times of the year shall be modified to account for weather that can reasonably be expected by the Private Entity as indicated in Exhibit L. Activity constraints shall be avoided. Such software and schedule shall be compatible with the Owner Representative’s computer system and scheduling software. This will allow the Owner’s Representative to efficiently process each pay application in Expedition, using the AIA G702/G703 format where the G703 back up listing will be the Schedule of Values in CSI division format as explained in Section 16.3, so that the Owner will only be paying for work actually completed by the Private Entity. At the end of each progress payment period, or at such reasonable intervals as directed by the Owner’s Representative, the Private Entity shall: 1. Revise the design and construction schedule to reflect any changes in the Work, completion time, or both, as approved by the Owner’s Representative; 2. Enter on the design and construction schedule the total percentage of Work actually in place; and 3. Submit two (2) copies of the adjusted design and construction schedule, and a complete electronic update, to the Owner’s Representative. b. If at any time the Work falls behind the design and construction schedule after taking into consideration any excusable delays as defined above, Private Entity shall take such action as necessary to improve progress. The Owner’s Representative may require the Private Entity to submit a revised design and construction schedule demonstrating its proposed recovery plan to make up the lag in scheduled progress. The plan shall show how the Private Entity shall achieve recovery by increasing resources and/or work times, (if approved by Owner). If the Owner’s Representative finds the proposed plan unacceptable, the Private Entity may be required to submit a new plan. If the new plan submitted is not reasonable, after consultation with the Private Entity, the Owner’s Representative may require the Private Entity to increase the work force, accelerate the planned construction volume, increase assigned construction equipment, or the number of work shifts, or take other appropriate action, all without increase to the GMP. c. Private Entity shall update the schedule and issue a progress report each month. If after either update has been performed the actual durations of recurring activities are longer than the original durations, the Private Entity shall issue a written plan that indicates the additional resources to be allocated to those activities showing how they will achieve the planned duration. Alternatively, the durations of all subsequent occurrences of that type of activity shall be increased to reflect actual production, and the Private Entity shall issue a recovery plan to the Owner’s Representative within ten (10) days showing how the project will get back on schedule. d. Failure of the Private Entity to comply with any of these requirements will be considered grounds for a determination by the Owner’s Representative that the Private Entity is failing to prosecute the Work with such diligence as will ensure its completion within the time specified.

CONSTRUCTION SCHEDULE/ PROGRESS CHART. a. Within ten (10) working days after receiving Notice to Proceed for each phase, the Private Entity Design- Builder shall prepare and submit to the Owner’s Representative a complete detailed design and construction schedule in the form of a electronic file and two six (26) copies of a practical progress chart. The schedule shall show the principal categories of work, corresponding with those used in the breakdown on which progress payments are based, the order in which the Private Entity Design-Builder proposes to carry on the Work, the date on which it will start each category of Work, and the contemplated dates for completion. The design and construction schedule must be in suitable scale to indicate graphically the total percentage of Work scheduled to be in place at any time. The Private Entity Design-Builder shall use a Critical Path Method (CPM) format. This schedule shall use Primavera Scheduling software (Primavera Contractor P6), with at least 100 activities including sitework, procurement, delivery, commissioning, significant owner activities, and installation of construction materials and equipment. Activities shall be organized by work areas, and work breakdown structure, and shall be fully cost loaded such that the sum of all activities equals the total GMP and GMP. An “earned value report” shall be used as the feeder report for the Schedule of Values for the purpose of determining progress payment. No activity shall have a value exceeding $40,000 dollars, or a duration longer than ten (10) 10 working days, without prior approval of the Owner’s Representative. A critical path shall be developed based on scheduling logic that identifies all successor and predecessor activities and float. Activities of like duration, programmed for different times of the year shall be modified to account for weather that can reasonably be expected by the Private Entity Design-Builder as indicated in Exhibit L. Activity constraints shall be avoided. Such software and schedule shall be compatible with the Owner RepresentativeOwner’s computer system and scheduling software. This will allow the Owner’s Representative to efficiently process each pay application in Expedition, using the AIA G702/G703 format where the G703 back up listing will be the Schedule of Values in CSI division format as explained in Section 16.3, so that the Owner will only be paying for work actually completed by the Private EntityDesign-Builder. At the end of each progress payment period, or at such reasonable intervals as directed by the Owner’s Representative, the Private Entity Design-Builder shall: 1. Revise the design and construction schedule to reflect any changes in the Work, completion time, or both, as approved by the Owner’s Representative; 2. Enter on the design and construction schedule the total percentage of Work actually in place; and 3. Submit two (2) copies of the adjusted design and construction schedule, and a complete electronic update, to the Owner’s Representative. b. If at any time the Work falls behind the design and construction schedule after taking into consideration any excusable delays as defined above, Private Entity shall take such action as necessary to improve progress. The Owner’s Representative may require the Private Entity to submit a revised design and construction schedule demonstrating its proposed recovery plan to make up the lag in scheduled progress. The plan shall show how the Private Entity shall achieve recovery by increasing resources and/or work times, (if approved by Owner). If the Owner’s Representative finds the proposed plan unacceptable, the Private Entity may be required to submit a new plan. If the new plan submitted is not reasonable, after consultation with the Private Entity, the Owner’s Representative may require the Private Entity to increase the work force, accelerate the planned construction volume, increase assigned construction equipment, or the number of work shifts, or take other appropriate action, all without increase to the GMP. c. Private Entity shall update the schedule and issue a progress report each month. If after either update has been performed the actual durations of recurring activities are longer than the original durations, the Private Entity shall issue a written plan that indicates the additional resources to be allocated to those activities showing how they will achieve the planned duration. Alternatively, the durations of all subsequent occurrences of that type of activity shall be increased to reflect actual production, and the Private Entity shall issue a recovery plan to the Owner’s Representative within ten (10) days showing how the project will get back on schedule. d. Failure of the Private Entity to comply with any of these requirements will be considered grounds for a determination by the Owner’s Representative that the Private Entity is failing to prosecute the Work with such diligence as will ensure its completion within the time specified.

CONSTRUCTION SCHEDULE/ PROGRESS CHART. a. Within ten five (105) working calendar days after receiving Notice to Proceed for each phaseProceed, the Private Entity Operator shall prepare and submit to the Owner’s Representative a complete detailed design and construction schedule Project Schedule in the form of a electronic file and two six (26) copies of a practical progress chart. The schedule shall show the principal categories of work, corresponding with those used in the breakdown on which progress payments are based, the order in which the Private Entity Operator proposes to carry on the Workwork, the date on which it will start each category of Workwork, and the contemplated dates for completion. The design and construction schedule Project Schedule must be in suitable scale to indicate graphically the total percentage of Work work scheduled to be in place at any time. The Private Entity Operator shall use a Critical Path Method (CPM) format. This schedule shall use Primavera Scheduling software (Primavera Contractor P6)be in Primavera™ P3 or SureTrak™ format, or in such format as the Owner and Operator mutually agree, with at least 100 200 activities including sitework, procurement, delivery, significant owner activities, and installation of construction materials and equipment. Activities shall be organized by work areas, and work breakdown structure, and shall be fully cost loaded such that the sum of all activities equals the total GMP and shall be used as the feeder report for the Schedule of Values for the purpose of determining progress payment. No activity shall have a value exceeding $40,000 dollars, or a duration longer than ten (10) working days, without prior to facilitate approval of the Owner’s Representativeprogress payments. A critical path shall be developed based on scheduling logic that identifies all successor and predecessor activities and float. Activities of like duration, programmed for different times of the year shall be modified to account for weather that can reasonably be expected by the Private Entity as indicated in Exhibit L. Activity constraints shall be avoided. Such software and schedule shall be compatible with the Owner Representative’s computer system and scheduling software. This will allow the Owner’s Representative to efficiently process each pay application in Expedition, using the AIA G702/G703 format where the G703 back up listing will be the Schedule of Values in CSI division format as explained in Section 16.3, so that the Owner will only be paying for work actually completed by the Private Entity. At the end of each progress payment period, or at such reasonable intervals as directed by the Owner’s Representative, the Private Entity Operator shall: 1. Revise the design and construction schedule Project Schedule to reflect any changes in the Workwork, completion time, or both, as approved by the Owner’s Representative; 2. Enter on the design and construction schedule Project Schedule the total percentage of Work work actually in place; and 3. Submit two three (23) copies of the adjusted design and construction scheduleProject Schedule, and a complete electronic update, to the Owner’s Representative. b. If at any time the Work work falls behind the design and construction schedule Project Schedule after taking into consideration any excusable delays as defined above, Private Entity Operator shall take such action as necessary to improve progress. The Owner’s Representative may require the Private Entity Operator to submit a revised design and construction schedule Project Schedule demonstrating its proposed recovery plan to make up the lag in scheduled progress. The plan shall show how the Private Entity shall achieve recovery by increasing resources and/or work times, (if approved by Owner). If the Owner’s Representative finds the proposed plan unacceptable, the Private Entity Operator may be required to submit a new plan. If the new plan submitted is not reasonable, after consultation with the Private EntityOperator, the Owner’s Representative may require the Private Entity Operator to increase the work force, accelerate the planned construction volume, increase assigned construction equipment, or the number of work shifts, or take other appropriate action, all without increase to the GMP. c. Private Entity shall update the schedule and issue a progress report each month. If after either update has been performed the actual durations of recurring activities are longer than the original durations, the Private Entity shall issue a written plan that indicates the additional resources to be allocated to those activities showing how they will achieve the planned duration. Alternatively, the durations of all subsequent occurrences of that type of activity shall be increased to reflect actual production, and the Private Entity shall issue a recovery plan to the Owner’s Representative within ten (10) days showing how the project will get back on schedule. d. Failure of the Private Entity Operator to comply with any of these requirements will be considered grounds for a determination by the Owner’s Representative that the Private Entity Operator is failing to prosecute the Work work with such diligence as will ensure its completion within the time specified.

CONSTRUCTION SCHEDULE/ PROGRESS CHART. a. Within ten (10) working days after receiving Notice to Proceed for each phase, the Private Entity shall prepare and submit to the Owner’s Representative Owner a complete detailed design and construction schedule in the form of a electronic file and two (2) copies of a practical progress chart. The schedule shall show the principal categories of work, corresponding with those used in the breakdown on which progress payments are based, the order in which the Private Entity proposes to carry on the Work, the date on which it will start each category of Work, and the contemplated dates for completion. The design and construction schedule must be in suitable scale to indicate graphically the total percentage of Work scheduled to be in place at any time. The Private Entity shall use a Critical Path Method (CPM) format. This schedule shall use Primavera Scheduling software (Primavera Contractor P6), with at least 100 activities including sitework, procurement, delivery, significant owner activities, and installation of construction materials and equipment. Activities shall be organized by work areas, and work breakdown structure, and shall be fully cost loaded such that the sum of all activities equals the total GMP and shall be used as the feeder report for the Schedule of Values for the purpose of determining progress payment. No activity shall have a value exceeding $40,000 dollars, or a duration longer than ten (10) working days, without prior approval of the Owner’s Representative. A critical path shall be developed based on scheduling logic that identifies all successor and predecessor activities and float. Activities of like duration, programmed for different times of the year shall be modified to account for weather that can reasonably be expected by the Private Entity as indicated in Exhibit L. Activity constraints shall be avoided. Such software and schedule shall be compatible with the Owner Representative’s computer system and scheduling software. This will allow the Owner’s Representative Owner to efficiently process each pay application in Expedition, using the AIA G702/G703 format where the G703 back up listing will be the Schedule of Values in CSI division format as explained in Section 16.3, so that the Owner will only be paying for work actually completed by the Private Entity. At the end of each progress payment period, or at such reasonable intervals as directed by the Owner’s Representative, the Private Entity shall: 1. Revise the design and construction schedule to reflect any changes in the Work, completion time, or both, as approved by the Owner’s Representative; 2. Enter on the design and construction schedule the total percentage of Work actually in place; and 3. Submit two (2) copies of the adjusted design and construction schedule, and a complete electronic update, to the Owner’s Representative. b. If at any time the Work falls behind the design and construction schedule after taking into consideration any excusable delays as defined above, Private Entity shall take such action as necessary to improve progress. The Owner’s Representative Owner may require the Private Entity to submit a revised design and construction schedule demonstrating its proposed recovery plan to make up the lag in scheduled progress. The plan shall show how the Private Entity shall achieve recovery by increasing resources and/or work times, (if approved by Owner). If the Owner’s Representative finds the proposed plan unacceptable, the Private Entity may be required to submit a new plan. If the new plan submitted is not reasonable, after consultation with the Private Entity, the Owner’s Representative may require the Private Entity to increase the work force, accelerate the planned construction volume, increase assigned construction equipment, or the number of work shifts, or take other appropriate action, all without increase to the GMP. c. Private Entity shall update the schedule and issue a progress report each month. If after either update has been performed the actual durations of recurring activities are longer than the original durations, the Private Entity shall issue a written plan that indicates the additional resources to be allocated to those activities showing how they will achieve the planned duration. Alternatively, the durations of all subsequent occurrences of that type of activity shall be increased to reflect actual production, and the Private Entity shall issue a recovery plan to the Owner’s Representative Owner within ten (10) days showing how the project will get back on schedule. d. Failure of the Private Entity to comply with any of these requirements will be considered grounds for a determination by the Owner’s Representative Owner that the Private Entity is failing to prosecute the Work with such diligence as will ensure its completion within the time specified.