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Contractors at the work site , offsite activities such as design , fabrication , an allowance for weather delays , submittals , procurement and jobsite delivery of Contractor furnished material and equipment. Contractor agrees to complete the work and Project in accordance with the agreed construction schedule as amended by duly executed change orders . b ) At the end of each calendar month , Contractor shall update and/or revise the construction schedule to show the actual progress of the work performed and the occurrence of all events which have affected the progress of performance of the work already performed or will affect the progress of the performance of the work yet to be performed , in contrast with the planned progress of performance of such work . Each such update and/or revision to the construction schedule shall be submitted to the Owner and Engineer. Failure of the Contractor to develop , update , revise , or submit the construction schedule ( s ) as aforesaid shall be sufficient grounds for the Owner to find the Contractor in material default and shall be sufficient cause to terminate the Contract or to withhold payment to the Contractor until a schedule or schedule update is submitted . C) The Contractor agrees that whenever it becomes apparent from the progress review meeting or CPM schedule that the contract completion date will not be met, the Contractor shall notify the Owner and Engineer of the potential schedule change within three ( 3 ) days of a commencement of delay or knowledge of a potential delay . Prior to requesting a time extension , Contractor shall execute some or all of the following remedial actions at Contractor' s sole cost and expense : 1 . Increase manpower as necessary to eliminate work backlog . 2 . Increase the number of working hours per shift, shifts per working day , working days per week , construction equipment, or any combination of the foregoing to eliminate the backlog . 3 . Reschedule the work in conformance with specification requirements . d ) Neither the Owner nor the Contractor shall be considered to own the schedule float time . GC 12 LIQUIDATED DAMAGES . If the actual completion date for substantial completion or final completion occurs later than the time indicated in the Special Terms or later than the scheduled completion date if a duly authorized change order for time is issued , liquidated damages in the amount(s) set forth in the Special Terms shall be paid by Contractor for unexcused delay in performance of the work. . Contractor agrees that Owner's actual damages in the event of unexcused delay are difficult to ascertain and therefore the parties agree that the sums established in the Special Terms are reasonably related to what damages Owner may suffer and are enforceable liquidated damages and not penalties . GC 12 SCHEDULE OF VALUES . Within ten ( 10 ) days after the date of the Owner' s issuance of a Notice to Proceed , Contractor shall submit for review and approval of Owner and Engineer, a schedule of values , by phases of work, to show a breakdown of the Contract Price corresponding to the payment request breakdown and progress schedule line items . The schedule of values must also show dollar value for each unit of work scheduled . Change Orders are to be added as separate line items . GC 13 LAND FOR WORK. Contractor' s access to the site and storage areas shall be as shown on the plans and as designated by the Owner. Access routes may also be used by County employees and other contractors . No other access points shall be allowed unless approved by the Owner. All contractor traffic authorized to enter the site shall be experienced in the route or guided by contractor personnel . The Contractor is responsible for immediate cleanup of any debris deposited along the access route as a result of its construction traffic . In the event the Owner provides conditions or reasonable restrictions on the use or access to the lands upon which or adjacent to the Work under this Contract is to be done , Contractor shall comply with all such conditions or restrictions . Any delay in the furnishing of these lands by the Owner shall be deemed proper cause for an equitable adjustment in both Contract price and time of completion . 34 12/1 /2009 3:45:46 PM