Common use of Design-Builder’s Schedules Clause in Contracts

Design-Builder’s Schedules. § 3.1.9.1 The Design-Builder, promptly after execution of this Agreement, and in no event more than thirty (30) consecutive days thereafter shall prepare and submit for the Owner’s Manager’s information a schedule for the Work. The schedule, including the time required for design and construction, shall not exceed time limits current under the Design-Build Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Design-Build Documents, shall provide for expeditious and practicable execution of the Work, and shall include allowances for periods of time required for the Owner’s Manager’s review and for approval of submissions by authorities having jurisdiction over the Project.Project, as well as milestone dates. The Project schedule shall coordinate and integrate design, preconstruction and consultants’ services, and the Manager’s responsibilities as well as identify major milestone items that could affect the Project’s timely completion. The schedule shall include, but not be limited to the following: Schematic Design, Design Development, Construction Documents, Bidding, the Design/Build Amendment, components of the Work, times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Manager. § 3.1.9.1.1 At the time of the finalization of the Design/Build Amendment, the Design-Builder will submit a Construction Schedule in a computer-generated critical path method (CPM) format to the Manager. The Construction Schedule shall show separate activities for every trade anticipated to participate in the Work, the durations and dependencies of those activities, the critical path, and all other information normally included in such schedules. The Work activity descriptions and durations shall be as agreed upon by the Design-Builder and the Manager, but unless otherwise agreed, the duration for each activity shall not exceed fifteen (15) calendar days. The Construction Schedule must also incorporate the sequencing and interrelationship between each of the trades. The Design-Builder shall include within the Construction Schedule a specific number of weather delay days per year for the duration of the Project. Design-Builder shall state its assumptions used to determine the number of weather delay days. § 3.1.9.1.2 The Construction Schedule shall be revised by the Design-Builder at least monthly or when directed to do so more frequently by the Manager. All revised Construction Schedules must demonstrate updates and or changes from the previously approved Construction Schedule. Should the Design-Builder fail to maintain an acceptable level of progress by failing to meet one of the scheduled milestone dates, Design-Builder shall provide Manager with a written recovery plan and recovery network schedule to ensure compliance with the agreed upon construction schedule and date of Substantial Completion. If Design-Builder fails to provide a written recovery plan and recovery network schedule within seven (7) calendar days after receipt of written notification from a representative of the Manager that a recovery schedule is required, Manager may take the following actions: (1) Any payments due to Design-Builder may be withheld, in part of in full; or (2) Design-Builder may be terminated by Manager if § 3.1.9.1.3 The Design-Builder shall also prepare a three (3) week look-ahead schedule each week for review at the Manager meetings, focusing on the in-depth detail of the upcoming weeks’ activities in a manner that reflects the planned day-to-day activities in the field. The detail shall be adequate to allow tracing of daily progress through field observation walks and reports. § 3.1.9.1.4 Receiving revised schedules at the weekly Manager meeting or in another format shall not be construed as an acceptance by the Manager. Any revision to the approved Construction Schedule requires the Manager’s written approval. Any adjustment in the Contract Time or date of Substantial Completion requires a Change Order. § 3.1.9.1.5 During Construction, the Design-Builder shall keep detailed daily logs and submit these logs to the Manager each week at the Manager meetings. The detailed written daily logs shall include a description of the Work performed the previous week. Each such daily report shall be prepared and signed by the Project Manager or Superintendent, on behalf of the Design-Builder. Each report shall at a minimum include the following information for that day concerning the Design-Builder and each Subcontractor (including each Sub-Subcontractor): materials and equipment being installed, number of individuals working, the hours worked, the type and location of the work being performed by each trade and each item of major equipment being used. The report shall also include other information such as temperature and weather recorded during the work period and any significant events occurring on the job site with regard to the Work or the Project. § 3.1.9.2 The Design-Builder shall perform the Work in general accordance with the most recent schedules submitted to the Owner. Manager.

Design-Builder’s Schedules. § 3.1.9.1 The Design-Builder, promptly after execution of this Agreement, and in no event more than thirty (30) consecutive days thereafter shall prepare and submit for the Owner’s Manager’s information approval a schedule for the Work. The schedule, including the time required for design and construction, shall not exceed time limits current under the Design-Build Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Design-Design- Build Documents, shall provide for expeditious and practicable execution of the Work, and shall include allowances for periods of time required for the Owner’s Manager’s review and for approval of submissions by authorities having jurisdiction over the Project.Project. In accordance with Section 5.2, as well as milestone datesOwner shall approve a Project Schedule (Critical Path Method or "CPM Schedule") at such time. The Project schedule approval of any CPM Schedule by the Owner shall coordinate and integrate design, preconstruction and consultants’ services, and the Manager’s responsibilities as well as identify major milestone items that could affect the Project’s timely completion. The schedule shall include, but not be limited to the following: Schematic Design, Design Development, Construction Documents, Bidding, the Design/Build Amendment, components of the Work, times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Manager. § 3.1.9.1.1 At the time of the finalization of the Design/Build Amendment, relieve the Design-Builder will submit of its sole responsibility to complete the Project within the Contract Time. .1 The CPM Schedule shall be a Construction critical path method ("CPM") schedule created and maintained on an accepted standard computer program. .2 The CPM Schedule in to be prepared and submitted to the Owner shall consist of a CPM network (diagram of activities) and a computer-generated critical path method (CPM) format to the Managerprint out as specified herein. The Construction Schedule format shall be the activity on node precedence network. .3 The network shall show separate the order and inter-dependence of activities for every trade anticipated to participate in the Work, the durations and dependencies of those activities, the critical path, and all other information normally included in such schedules. The Work activity descriptions and durations shall be as agreed upon by the Design-Builder and the Managersequence in which the work is to be accomplished. At a minimum the network diagram must demonstrate how the start of a given activity is dependent on the completion of preceding activities and how its completion restricts the start of following activities. .4 The network will separately identify all design and construction activities with durations in excess of ten (10) days and the submittal and approval of all design and construction documents, but unless otherwise agreed, materials and shop drawings and the duration for each activity procurement of equipment and materials. .5 The CPM schedule shall not exceed fifteen (15) calendar days. The Construction Schedule must also incorporate include tasks and activities that are the sequencing and interrelationship between each responsibility of the tradesOwner. The Design-Builder shall include within promptly notify the Construction Schedule Owner if a specific number of weather delay days per year for the duration of the Project. in any such task or activity will delay construction. .6 All activities shall be grouped by sub-project. .7 The Design-Builder shall state its assumptions used to determine not use a thrid-party scheduler without the number approval of weather delay daysthe Owner. Approval of the scheduler shall not be unreasonably withheld. § 3.1.9.1.2 3.1.9.1.1 The Construction CPM Schedule shall contain milestone or completion dates consistent with the Contract requirements and shall clearly identify the critical path. .1 The milestone and completion dates indicated are considered essential to the timely completion of the Work, the satisfactory performance under this Contract and for the coordination of all Work on the Project. The milestone dates listed are not intended to be revised a complete listing of all Work under this Contract or of all interfaces with other Project contractors. .2 The milestone dates listed represent the latest allowable completion dates. Earlier milestones completion dates, including the contractual completion date for the Project, may be established by the Design-Builder at least monthly or when directed in the baseline schedule, but the Owner shall not be liable to do so more frequently by the Manager. All revised Construction Schedules must demonstrate updates and or changes from the previously approved Construction Schedule. Should the Design-Builder fail or any subcontractors for any costs or other damages should the Design-Builder or any subcontractors be unable to maintain an acceptable level complete the Work before such early milestone or completion dates regardless of progress by failing to meet one cause. .3 The duties, obligations and warranties of the scheduled milestone dates, Owner to the Design-Builder shall provide Manager be consistent with a written recovery plan and recovery network schedule applicable only to ensure compliance with the completion of the Work on the milestone and completion dates required in the Design Build Documents, unless such earlier dates are agreed upon construction schedule and date of Substantial Completion. If to by Change Order. .4 The Owner shall give the Design-Builder fails to provide a written recovery plan and recovery network schedule within seven (7) calendar days after receipt of written notification from a representative notice to proceed stating the date on which the construction phase of the Manager that a recovery schedule Work is required, Manager may take to commence. This notice shall also state the following actions: (1) Any payments due to Design-Builder may be withheld, in part date of in full; or (2) Design-Builder may be terminated by Manager if § 3.1.9.1.3 substantial completion. The Design-Builder shall also prepare submit a three preliminary CPM schedule for inclusion in the subcontractor contract requirements consistent with the timeframes for the Project. .5 Within thirty (330) week look-ahead schedule each week for review at the Manager meetings, focusing on the in-depth detail days of the upcoming weeks’ activities in a manner that reflects the planned day-to-day activities in the field. The detail shall be adequate notice to allow tracing of daily progress through field observation walks and reports. § 3.1.9.1.4 Receiving revised schedules at the weekly Manager meeting or in another format shall not be construed as an acceptance by the Manager. Any revision to the approved Construction Schedule requires the Manager’s written approval. Any adjustment in the Contract Time or date of Substantial Completion requires a Change Order. § 3.1.9.1.5 During Constructionproceed, the Design-Builder shall keep detailed daily logs obtain from the subcontractors their respective Work activities and submit these logs integrate them into a Project construction schedule. The Design-Builder shall develop a complete CPM schedule in the form of a CPM network arrow diagram using the Design-Builder’s logic and time estimates for each segment of the .6 The arrow network diagram will be drawn in a level of detail suitable for display of salient features of the Work, including but not limited to the Manager each week at placing of orders for materials, submission of shop drawings for approval, approval of shop drawings by the Manager meetings. The detailed written daily logs shall include a description Owner, delivery of material, and all Work activities including the Work performed Punch List agreed to by the previous weekOwner. Each such daily report Work activity shall be prepared and signed assigned a time estimate by the Project Manager or Superintendent, on behalf of the Design-Builder. Each report One-day shall at a minimum include be the following information smallest time unit used. Data shall also be provided in Xxxxx form. This cost loaded schedule will not be the basis for that day concerning invoicing, but may be considered by the Owner when evaluating the percentage of Work represented to be complete in each schedule of values. .7 Upon completion of the network diagrams, the Design-Builder shall have computer input data prepared, and each Subcontractor (including each Sub-Subcontractor): materials and equipment being installed, number of individuals workinga computer run made to generate a printout for the Project based on the information supplied. In the event the completion date indicated by the schedule exceeds the substantial completion date, the hours workedlogic and time estimates used to develop the plan will be reviewed, changes made in the logic and time estimates, and another computer run made to generate a new schedule. This procedure shall be repeated, if necessary, to provide a plan and schedule to meet Owner requirements. All submissions shall be both in hard copy and in electronic format. .8 Within fifteen (15) days of the notice to proceed, the type updated CPM schedule shall be submitted to the Owner for review and location approval. No application for payment will be processed until the Project CPM schedule is approved by the Owner. This working plan shall show job identification, job duration, manpower loading, cost loading, calendar dates for start and finish of each job, and jobs critical to the completion of the work being performed Project on schedule. When approved by each trade the Owner, this information shall become the working plan and each item of major equipment being used. The report schedule for the Project and such information shall also include other information such as temperature and weather recorded during the work period and any significant events occurring on the job site with regard be provided to the Work or the Project. § 3.1.9.2 Design- Builder for distribution. The Design-Builder shall perform distribute to the subcontractors the approved Project CPM schedule and shall display same at the job site. .9 The Design-Builder shall review the plan and schedule each week. An updated cost loading Project schedule shall be furnished showing actual completed Work at the end of each month in respect to the .10 The Design-Builder must also submit with each Application for Payment a computer-generated list of all changes to the activities, their duration, and logic from the previous schedule. .11 The Design-Builder shall provide regular monitoring of the schedule as design and construction progresses, identify potential variances between scheduled and desired completion dates, review the schedule for Work not started or incomplete, review the status of submittals and delivery of long-lead time deliveries, review the Owner’s occupancy priorities, and take the action necessary to meet the required completion date. The Design-Builder shall furnish to the Owner various schedules and updates setting forth planned and completed progress of the Project broken down by the various divisions or parts of the Work and by calendar days. The Design-Builder shall ensure that all schedules are prepared and updated in general accordance strict conformance with the most recent schedules submitted to Owner’s requirements for formatting of reports for the Owner. ManagerThe Design-Builder shall keep the Owner and all subcontractors fully informed as to all changes and updates to the schedule. The Design-Builder shall ensure that all schedules are prepared and updated in strict conformance with the Owner’s requirements and for provision of one inclusive schedule incorporating necessary lead times for actions required, by the Owner and regulatory agencies (including the City of Durham), by the Design-Builder, and by utility companies providing services or locating service lines and facilities, by all subcontractors, and for significant general conditions’ activities, including but not limited to agenda submittals, permit and approvals applications and review of interim and final plans, specifications and bid packages. .12 The Design-Builder shall submit to the Owner a written monthly report of the status of all Work activities. The monthly status report shall show the actual Work completed to date in comparison with the original amount of Work scheduled. If the Work is behind schedule, the Design-Builder must indicate in writing what measures are being taken to bring the Work back on schedule and ensure that the Contract completion date is not exceeded. If the Work is greater than fourteen (14) days behind schedule, then the Design-Builder shall prepare and submit to the Owner a recovery schedule for review and approval. .13 The schedule and all updates to the schedule shall represent a practical plan to complete the Work by the date of substantial completion. Extension of any schedule shall not be acceptable. Schedules showing the Work completed in less than the contract time may be acceptable if judged by the Owner’s Representative to be practical. However, acceptance of such a schedule shall not change the date of substantial completion or constitute acceleration resulting in any additional costs to the Owner for the Work, general conditions or fees. The date of substantial completion, not the contract schedule, shall control in the determination of liquidated damages payable by Design-Builder and in the determination of any delay. .14 Owner’s Representative’s acceptance of or its review comments about any schedule or scheduling data shall not relieve Design-Builder from its sole responsibility to plan for, perform, and complete the Work within the contract time. Acceptance of or review comments about any schedule shall not transfer responsibility for any schedule to the Owner nor imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule. .15 Failure of Owner’s Representative to discover errors or omissions in schedules that it has reviewed, or to inform Design-Builder that Design-Builder, subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the schedule shall not relieve Design-Builder from its sole responsibility to perform and complete the Work on time and shall not be a cause for an adjustment of the contract time or the Contract Sum.

Design-Builder’s Schedules. § 3.1.9.1 The Design-Builder, promptly after execution of this Agreement, and in no event more than thirty (30) consecutive days thereafter shall prepare and submit for the Owner’s Manager’s information a schedule for the Work. The schedule, including the time required for design and construction, shall not exceed time limits current under the Design-Build Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Design-Build Documents, shall provide for expeditious and practicable execution of the Work, and shall include allowances for periods of time required for the Owner’s Manager’s review and for approval of submissions by authorities having jurisdiction over the Project.Project, as well as milestone dates. The Project schedule shall coordinate and integrate design, preconstruction and consultants’ services, and the Manager’s responsibilities as well as identify major milestone items that could affect the Project’s timely completion. The schedule shall includecontain detail appropriate for the Project, but not be limited to including (1) the following: Schematic Design, Design Development, Construction Documents, Bidding, the Design/Build Amendment, components date of commencement of the Work, times interim schedule milestone dates, and the date of commencement Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements portion of the Manager. § 3.1.9.1.1 At the time of the finalization of the Design/Build Amendment, the Design-Builder will submit a Construction Schedule in a computer-generated critical path method (CPM) format to the Manager. The Construction Schedule shall show separate activities for every trade anticipated to participate in the Work, the durations and dependencies of those activities, the critical path, and all other information normally included in such schedules. The Work activity descriptions and durations shall be as agreed upon by the Design-Builder and the Manager, but unless otherwise agreed, the duration for each activity shall not exceed fifteen (15) calendar days. The Construction Schedule must also incorporate the sequencing and interrelationship between each of the trades. The Design-Builder shall include within revise the Construction Schedule a specific number of weather delay days per year for schedule at appropriate intervals as required by the duration conditions of the Work and Project. Design-Builder The Owner’s silence to a submitted schedule that exceeds time limits current under the Design- Build Documents shall state its assumptions used to determine the number of weather delay days. § 3.1.9.1.2 The Construction Schedule shall be revised by not relieve the Design-Builder at least monthly or when directed to do so more frequently by the Manager. All revised Construction Schedules must demonstrate updates and or changes from the previously approved Construction Schedule. Should the Design-Builder fail to maintain an acceptable level of progress by failing its obligations to meet one of those time limits, nor shall it make the scheduled milestone dates, Design-Builder shall provide Manager with a written recovery plan and recovery network schedule to ensure compliance with the agreed upon construction schedule and date of Substantial Completion. If Design-Builder fails to provide a written recovery plan and recovery network schedule within seven (7) calendar days after receipt of written notification from a representative of the Manager that a recovery schedule is required, Manager may take the following actions: (1) Any payments due to Design-Builder may be withheld, in part of in full; or (2) Design-Builder may be terminated by Manager if § 3.1.9.1.3 The Design-Builder shall also prepare a three (3) week look-ahead schedule each week Owner liable for review at the Manager meetings, focusing on the in-depth detail of the upcoming weeks’ activities in a manner that reflects the planned day-to-day activities in the field. The detail shall be adequate to allow tracing of daily progress through field observation walks and reports. § 3.1.9.1.4 Receiving revised schedules at the weekly Manager meeting or in another format shall not be construed as an acceptance by the Manager. Any revision to the approved Construction Schedule requires the Manager’s written approval. Any adjustment in the Contract Time or date of Substantial Completion requires a Change Order. § 3.1.9.1.5 During Construction, the Design-Builder shall keep detailed daily logs and submit these logs to the Manager each week at the Manager meetings. The detailed written daily logs shall include a description of the Work performed the previous week. Each such daily report shall be prepared and signed by the Project Manager or Superintendent, on behalf any of the Design-Builder’s damages incurred as a result of increased construction time or not meeting those time limits. Each report Similarly, the Owner’s silence to a schedule showing performance in advance of such time limits shall at a minimum include the following information for that day concerning not create or imply any right in favor of the Design-Builder and each Subcontractor (including each Sub-Subcontractor): materials and equipment being installed, number for performance in advance of individuals working, the hours worked, the type and location of the work being performed by each trade and each item of major equipment being used. The report shall also include other information such as temperature and weather recorded during the work period and any significant events occurring on the job site with regard to the Work or the Projecttime limit. § 3.1.9.2 The Design-Builder shall perform the Work in general accordance with the most recent schedules submitted to the Owner. § 3.1.9.3 If the Design-Builder’s Work falls behind the most recent Owner-approved schedule, the Owner shall have the right, but not the obligation, to require the Design-Builder to prepare and submit an "Acceleration Schedule" demonstrating a construction sequence by which the Work will be accelerated to conform to the last approved schedule. ManagerIf Owner so directs, the Design-Builder shall follow the sequences of the Acceleration Schedule.

Design-Builder’s Schedules. § 3.1.9.1 The Design-Builder, promptly after execution of this Agreement, and in no event more than thirty (30) consecutive days thereafter shall prepare and submit for the Owner’s Manager’s information a schedule for the Work. The schedule, including the time required for design and construction, shall not exceed time limits current under the Design-Build Documents, shall utilize the critical path method, shall be revised at appropriate intervals as required by the conditions of the Work and ProjectProject which shall be no less often than monthly, shall be related to the entire Project to the extent required by the Design-Build Documents, shall provide for expeditious and practicable execution of the Work, and shall include allowances for periods of time required for the Owner’s Manager’s review and for approval of submissions by authorities having jurisdiction over the Project.Project, as well as milestone dates. The Project schedule shall coordinate and integrate design, preconstruction and consultants’ services, and the Manager’s responsibilities as well as identify major milestone items that could affect the Project’s timely completion. The schedule shall include, but not be limited to the following: Schematic Design, Design Development, Construction Documents, Bidding, the Design/Build Amendment, components of the Work, times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Manager. § 3.1.9.1.1 At the time of the finalization of the Design/Build Amendment, the Design-Builder will submit a Construction Schedule in a computer-generated critical path method (CPM) format to the Manager. The Construction Schedule shall show separate activities for every trade anticipated to participate in the Work, the durations and dependencies of those activities, the critical path, and all other information normally included in such schedules. The Work activity descriptions and durations shall be as agreed upon by the Design-Builder and the Manager, but unless otherwise agreed, the duration for each activity shall not exceed fifteen (15) calendar days. The Construction Schedule must also incorporate the sequencing and interrelationship between each of the trades. The Design-Builder shall include within the Construction Schedule a specific number of weather delay days per year for the duration of the Project. Design-Builder shall state its assumptions used to determine the number of weather delay days. § 3.1.9.1.2 The Construction Schedule shall be revised by the Design-Builder at least monthly or when directed to do so more frequently by the Manager. All revised Construction Schedules must demonstrate updates and or changes from the previously approved Construction Schedule. Should the Design-Builder fail to maintain an acceptable level of progress by failing to meet one of the scheduled milestone dates, Design-Builder shall provide Manager with a written recovery plan and recovery network schedule to ensure compliance with the agreed upon construction schedule and date of Substantial Completion. If Design-Builder fails to provide a written recovery plan and recovery network schedule within seven (7) calendar days after receipt of written notification from a representative of the Manager that a recovery schedule is required, Manager may take the following actions: (1) Any payments due to Design-Builder may be withheld, in part of in full; or (2) Design-Builder may be terminated by Manager if § 3.1.9.1.3 The Design-Builder shall also prepare a three (3) week look-ahead schedule each week for review at the Manager meetings, focusing on the in-depth detail of the upcoming weeks’ activities in a manner that reflects the planned day-to-day activities in the field. The detail shall be adequate to allow tracing of daily progress through field observation walks and reports. § 3.1.9.1.4 Receiving revised schedules at the weekly Manager meeting or in another format shall not be construed as an acceptance by the Manager. Any revision to the approved Construction Schedule requires the Manager’s written approval. Any adjustment in the Contract Time or date of Substantial Completion requires a Change Order. § 3.1.9.1.5 During Construction, the Design-Builder shall keep detailed daily logs and submit these logs to the Manager each week at the Manager meetings. The detailed written daily logs shall include a description of the Work performed the previous week. Each such daily report shall be prepared and signed by the Project Manager or Superintendent, on behalf of the Design-Builder. Each report shall at a minimum include the following information for that day concerning the Design-Builder and each Subcontractor (including each Sub-Subcontractor): materials and equipment being installed, number of individuals working, the hours worked, the type and location of the work being performed by each trade and each item of major equipment being used. The report shall also include other information such as temperature and weather recorded during the work period and any significant events occurring on the job site with regard to the Work or the Project. § 3.1.9.2 The Design-Builder shall perform the Work in general accordance with the most recent schedules submitted to the Owner. § 3.1.9.3 For purposes of whether any Change Orders or Change Directives extend the contractual dates of Substantial Completion and Final Completion, any "float" or "slack" time for the whole or any part of the Work shall not be for the exclusive use or benefit of either the Owner or the Design-Builder but shall be reserved and apportioned by the Owner and Design-Builder in accordance with the needs of the Project. ManagerThe Design-Builder shall not be entitled to make and waives any claim based upon an alleged inability to complete the Project early. In the event that Design-Builder experiences a delay caused by Owner and begins pacing the Work to mitigate its damages, Design-Builder shall give written notice of pacing to the Owner within seven calendar days of such pacing of the Work. § 3.1.9.4 Within seven (7) days after the Design-Builder’s receipt of the Owner’s demand for a Recovery Schedule, the Design-Builder shall present the Recovery Schedule to the Owner. The Recovery Schedule shall represent the Design-Builder’s best judgment as to how the Work should be made to comply with the Design-Builder’s schedule within the agreed Recovery Period. The Recovery Schedule shall be prepared to a similar level of detail as the Design-Builder’s schedule.

Design-Builder’s Schedules. § 3.1.9.1 The Design-Builder, promptly after execution of this Agreement, and in no event more than thirty (30) consecutive days thereafter shall prepare and submit for the Owner’s Manager’s information a schedule for the Work. The schedule, including the time required for design and construction, shall not exceed time limits current under the Design-Build Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Design-Build Documents, shall provide for expeditious and practicable execution of the Work, and shall include allowances for periods of time required for the Owner’s Manager’s review and for approval of submissions by authorities having jurisdiction over the Project.Project, as well as milestone dates. The Project schedule shall coordinate and integrate design, preconstruction and consultants’ services, and the Manager’s responsibilities as well as identify major milestone items that could affect the Project’s timely completion. The schedule shall include, but not be limited to the following: Schematic Design, Design Development, Construction Documents, Bidding, the Design/Build Amendment, components of the Work, times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Manager. § 3.1.9.1.1 At the time of the finalization of the Design/Build Amendment, the Design-Builder will submit a Construction Schedule in a computer-generated critical path method (CPM) format to the Manager. The Construction Schedule shall show separate activities for every trade anticipated to participate in the Work, the durations and dependencies of those activities, the critical path, and all other information normally included in such schedules. The Work activity descriptions and durations shall be as agreed upon by the Design-Builder and the Manager, but unless otherwise agreed, the duration for each activity shall not exceed fifteen (15) calendar days. The Construction Schedule must also incorporate the sequencing and interrelationship between each of the trades. The Design-Builder shall include within the Construction Schedule a specific number of weather delay days per year for the duration of the Project. Design-Builder shall state its assumptions used to determine the number of weather delay days. § 3.1.9.1.2 The Construction Schedule shall be revised by the Design-Builder at least monthly or when directed to do so more frequently by the Manager. All revised Construction Schedules must demonstrate updates and or changes from the previously approved Construction Schedule. Should the Design-Builder fail to maintain an acceptable level of progress by failing to meet one of the scheduled milestone dates, Design-Builder shall provide Manager with a written recovery plan and recovery network schedule to ensure compliance with the agreed upon construction schedule and date of Substantial Completion. If Design-Builder fails to provide a written recovery plan and recovery network schedule within seven (7) calendar days after receipt of written notification from a representative of the Manager that a recovery schedule is required, Manager may take the following actions: (1) Any payments due to Design-Builder may be withheld, in part of in full; or (2) Design-Builder may be terminated by Manager ifif Design- Builder repeatedly fails to meet the construction schedule requirements, and/or fails to make satisfactory progress as determined by Manager. § 3.1.9.1.3 The Design-Builder shall also prepare a three (3) week look-ahead schedule each week for review at the Manager meetings, focusing on the in-depth detail of the upcoming weeks’ activities in a manner that reflects the planned day-to-day activities in the field. The detail shall be adequate to allow tracing of daily progress through field observation walks and reports. § 3.1.9.1.4 Receiving revised schedules at the weekly Manager meeting or in another format shall not be construed as an acceptance by the Manager. Any revision to the approved Construction Schedule requires the Manager’s written approval. Any adjustment in the Contract Time or date of Substantial Completion requires a Change Order. § 3.1.9.1.5 During Construction, the Design-Builder shall keep detailed daily logs and submit these logs to the Manager each week at the Manager meetings. The detailed written daily logs shall include a description of the Work performed the previous week. Each such daily report shall be prepared and signed by the Project Manager or Superintendent, on behalf of the Design-Builder. Each report shall at a minimum include the following information for that day concerning the Design-Builder and each Subcontractor (including each Sub-Subcontractor): materials and equipment being installed, number of individuals working, the hours worked, the type and location of the work being performed by each trade and each item of major equipment being used. The report shall also include other information such as temperature and weather recorded during the work period and any significant events occurring on the job site with regard to the Work or the Project. § 3.1.9.2 The Design-Builder shall perform the Work in general accordance with the most recent schedules submitted to the Owner. Manager.

Design-Builder’s Schedules. § 3.1.9.1 The Design-Builder, promptly after execution of this Agreement, and in no event more than thirty (30) consecutive days thereafter shall prepare and submit for the Owner’s Manager’s information a schedule for the Work. The schedule, including the time required for design and construction, shall not exceed time limits current under the Design-Build Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Design-Build Documents, shall provide for expeditious and practicable execution of the Work, and shall include allowances for periods of time required for the Owner’s Manager’s review and for approval of submissions by authorities having jurisdiction over the Project.Project, as well as milestone dates. The Project schedule shall coordinate and integrate design, preconstruction and construction activities of the Architect or Engineer’s services, the Design-Builder’s services, other Manager consultants’ services, and the Manager’s responsibilities as well as identify major milestone items that could affect the Project’s timely completion. The schedule shall include, but not be limited to the following: Schematic Design, Design Development, Construction Documents, Bidding, the Design/Build Amendment, components of the Work, times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Manager. § 3.1.9.1.1 At the time of the finalization of the Design/Build Amendment, the Design-Builder will submit a Construction Schedule in a computer-generated critical path method (CPM) format to the Manager. The Construction Schedule shall show separate activities for every trade anticipated to participate in the Work, the durations and dependencies of those activities, the critical path, and all other information normally included in such schedules. The Work activity descriptions and durations shall be as agreed upon by the Design-Builder and the Manager, but unless otherwise agreed, the duration for each activity shall not exceed fifteen (15) calendar days. The Construction Schedule must also incorporate the sequencing and interrelationship between each of the trades. The Design-Builder shall include within the Construction Schedule a specific number of weather delay days per year for the duration of the Project. Design-Builder shall state its assumptions used to determine the number of weather delay days. § 3.1.9.1.2 The Construction Schedule shall be revised by the Design-Builder at least monthly or when directed to do so more frequently by the Manager. All revised Construction Schedules must demonstrate updates and or changes from the previously approved Construction Schedule. Should the Design-Builder fail to maintain an acceptable level of progress by failing to meet one of the scheduled milestone dates, Design-Builder shall provide Manager with a written recovery plan and recovery network schedule to ensure compliance with the agreed upon construction schedule and date of Substantial Completion. If Design-Builder fails to provide a written recovery plan and recovery network schedule within seven (7) calendar days after receipt of written notification from a representative of the Manager that a recovery schedule is required, Manager may take the following actions: (1) Any payments due to Design-Builder may be withheld, in part of in full; or (2) Design-Builder may be terminated by Manager ifif Design- Builder repeatedly fails to meet the construction schedule requirements, and/or fails to make satisfactory progress as determined by Manager. § 3.1.9.1.3 The Design-Builder shall also prepare a three (3) week look-ahead schedule each week for review at the Manager meetings, focusing on the in-depth detail of the upcoming weeks’ activities in a manner that reflects the planned day-to-day activities in the field. The detail shall be adequate to allow tracing of daily progress through field observation walks and reports. § 3.1.9.1.4 Receiving revised schedules at the weekly Manager meeting or in another format shall not be construed as an acceptance by the Manager. Any revision to the approved Construction Schedule requires the Manager’s written approval. Any adjustment in the Contract Time or date of Substantial Completion requires a Change Order. § 3.1.9.1.5 During Construction, the Design-Builder shall keep detailed daily logs and submit these logs to the Manager each week at the Manager meetings. The detailed written daily logs shall include a description of the Work performed the previous week. Each such daily report shall be prepared and signed by the Project Manager or Superintendent, on behalf of the Design-Builder. Each report shall at a minimum include the following information for that day concerning the Design-Builder and each Subcontractor (including each Sub-Subcontractor): materials and equipment being installed, number of individuals working, the hours worked, the type and location of the work being performed by each trade and each item of major equipment being used. The report shall also include other information such as temperature and weather recorded during the work period and any significant events occurring on the job site with regard to the Work or the Project. § 3.1.9.2 The Design-Builder shall perform the Work in general accordance with the most recent schedules submitted to the Owner. Manager.

Design-Builder’s Schedules. § 3.1.9.1 5.3.1 The Design-Builder, promptly after execution of this Agreement, and in no event more than thirty (30) consecutive days thereafter shall prepare and submit for the Owner’s ManagerTown’s information a preliminary project milestone schedule for the Work to be attached to this Agreement as Exhibit F. 5.3.2 Once the Notice to Proceed is issued by the Town, then the Design-Builder submitted and Town-approved Construction Project Schedule shall replace the preliminary project milestone schedule as Exhibit F. The Construction Project Schedule shall be prepared in a detailed precedence-style, resource loaded, critical path method (CPM) type format satisfactory to the Town which shall also: (1) provide a graphic representation of all activities and events that will occur during performance of the Work. The schedule, including the time required for design and ; (2) identify each phase of construction, shall not exceed time limits current under Temporary Certificate of Occupancy/Certificate of Completion Dates, and occupancy; and (3) set forth dates that are critical in ensuring the timely and orderly completion of the Work in accordance with the requirements of the Design-Build Documents, . The Construction Project Schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Design-Build Documents, shall provide for expeditious and practicable execution of the Work, and shall include allowances for periods of time required for the Owner’s ManagerTown’s review and for approval of submissions by authorities having jurisdiction over the Project.Project, as well as milestone dates. The Project schedule shall coordinate and integrate design, preconstruction and consultants’ services, and the Manager’s responsibilities as well as identify major milestone items that could affect the Project’s timely completion. The schedule shall include, but not be limited to the following: Schematic Design, Design Development, Construction Documents, Bidding, the Design/Build Amendment, components of the Work, times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Manager. § 3.1.9.1.1 At the time of the finalization of the Design/Build Amendment, the Design-Builder will submit a Construction Schedule in a computer-generated critical path method (CPM) format to the Manager. The Construction Schedule shall show separate activities for every trade anticipated to participate in the Work, the durations and dependencies of those activities, the critical path, and all other information normally included in such schedules. The Work activity descriptions and durations shall be as agreed upon by the Design-Builder and the Manager, but unless otherwise agreed, the duration for each activity shall not exceed fifteen (15) calendar days. The Construction Schedule must also incorporate the sequencing and interrelationship between each of the trades. The Design-Builder shall include within the Construction Schedule a specific number of weather delay days per year for the duration of the Project. Design-Builder shall state its assumptions used to determine the number of weather delay days. § 3.1.9.1.2 The Construction Schedule shall be revised by the Design-Builder at least monthly or when directed to do so more frequently by the Manager. All revised Construction Schedules must demonstrate updates and or changes from the previously approved Construction Schedule. Should the Design-Builder fail to maintain an acceptable level of progress by failing to meet one of the scheduled milestone dates, Design-Builder shall provide Manager with a written recovery plan and recovery network schedule to ensure compliance with the agreed upon construction schedule and date of Substantial Completion. If Design-Builder fails to provide a written recovery plan and recovery network schedule within seven (7) calendar days after receipt of written notification from a representative of the Manager that a recovery schedule is required, Manager may take the following actions: (1) Any payments due to Design-Builder may be withheld, in part of in full; or (2) Design-Builder may be terminated by Manager if § 3.1.9.1.3 The Design-Builder shall also prepare a three (3) week look-ahead schedule each week for review at the Manager meetings, focusing on the in-depth detail of the upcoming weeks’ activities in a manner that reflects the planned day-to-day activities in the field. The detail shall be adequate to allow tracing of daily progress through field observation walks and reports. § 3.1.9.1.4 Receiving revised schedules at the weekly Manager meeting or in another format shall not be construed as an acceptance by the Manager. Any revision to the approved Construction Schedule requires the Manager’s written approval. Any adjustment in the Contract Time or date of Substantial Completion requires a Change Order. § 3.1.9.1.5 During Construction, the Design-Builder shall keep detailed daily logs and submit these logs to the Manager each week at the Manager meetings. The detailed written daily logs shall include a description of the Work performed the previous week. Each such daily report shall be prepared and signed by the Project Manager or Superintendent, on behalf of the Design-Builder. Each report shall at a minimum include the following information for that day concerning the Design-Builder and each Subcontractor (including each Sub-Subcontractor): materials and equipment being installed, number of individuals working, the hours worked, the type and location of the work being performed by each trade and each item of major equipment being used. The report shall also include other information such as temperature and weather recorded during the work period and any significant events occurring on the job site with regard to the Work or the Project. § 3.1.9.2 5.3.3 The Design-Builder shall perform the Work in general accordance with the most recent schedules submitted to the OwnerTown. ManagerThe Design-Builder shall monitor the progress of the Work for conformance with the requirements of the Construction Project Schedule and shall promptly advise the Town of any delays or potential delays. The updated Construction Project Schedule should include new start dates, new finish dates and the appropriate percent complete. No additional activities, changes to the Construction Project Schedule’s logic or changes to the Construction Project Schedule’s durations are to be included in the updated Construction Project Schedule. The Design- Builder may, at its option, provide fragnets with added activities and logic changes; however these changes are to be submitted in a separate documents and as a separate electronic file. With all submissions, the electronic file is to be submitted along with PDFs. In the event any progress report or Construction Project Schedule update indicates any delays or loss of time, the Design-Builder shall propose an affirmative plan to correct the delay, including resequencing of the Work, overtime and/or additional labor, if necessary. In no event shall any progress report constitute an adjustment in the Contract Time, Milestone Dates, or the Contract Sum unless any such adjustment is agreed to by the Town and authorized pursuant to properly executed written Change Order. Design-Builder shall maintain such Construction Project Schedule on a current basis in accordance with the provisions of this Section and shall keep proper records available to inspection by Town to substantiate actual activity, duration and completion dates. The accepted Construction Project Schedule shall be updated one time each month to reflect actual conditions and Design-Builder shall provide Town with a copy of the updated, resource loaded Construction Project Schedule, the electronic files, and a list of all changes made to the Construction Project Schedule. 5.3.4 In the event the Town determines that the performance of the Work, or any portion thereof, has not yet progressed or reached the level of completion required by the Construction Project Schedule or the Design-Build Documents due to causes within the control of Design-Builder, the Town shall have the right to order the Design-Builder to take corrective measures necessary to expedite the progress of construction, including, without limitation: 1) working additional shifts or overtime, 2) supplying additional manpower, equipment, and facilities, and 3) submitting a recovery schedule (in the format set forth in Paragraph 5.3.2 above) for re-sequencing performance of the Work or other similar measures (hereinafter referred to collectively as “Extraordinary Measures”). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion as required by the Design- Build Documents. The Design-Builder shall not be entitled to an adjustment in the Contract Sum in connection with the Extraordinary Measures required by the Town under or pursuant to this Section.