THE "CPM SCHEDULE," AND EACH SHALL COMPLY WITH THE
REQUIREMENTS OF THIS SECTION 5.4 AND SHALL BE PROVIDED TO OWNER IN ITS NATIVE
ELECTRONIC FORMAT.
THE CPM SCHEDULE SHALL BE PREPARED BY CONTRACTOR USING
PRIMAVERA PROJECT PLANNER (P3).
WITHOUT LIMITATION OF THE FOREGOING, THE CPM
SCHEDULE SHALL INCLUDE THE INFORMATION AND MEET THE REQUIREMENTS SET FORTH IN
SECTION 9.4 OF ATTACHMENT A.
5.5
RECOVERY AND RECOVERY SCHEDULE.
IF, AT ANY
TIME DURING THE PROSECUTION OF THE WORK, (I) SHOULD THE MONTHLY PROGRESS REPORT
SHOW THAT ANY ACTIVITY ON THE CRITICAL PATH IS FORTY-FIVE (45) OR MORE DAYS
BEHIND SCHEDULE, OR SHOULD CONTRACTOR FAIL TO PROVIDE A MONTHLY PROGRESS REPORT
IN COMPLIANCE WITH THE REQUIREMENTS OF THIS AGREEMENT AND OWNER REASONABLY
DETERMINES THAT ANY ACTIVITY ON THE CRITICAL PATH IS FORTY-FIVE (45) OR MORE
DAYS BEHIND SCHEDULE AND (II) CONTRACTOR OR ANY OF ITS SUBCONTRACTORS OR
SUB-SUBCONTRACTORS ARE IN OWNER'S REASONABLE JUDGMENT RESPONSIBLE FOR SUCH
DELAY, OWNER MAY, IN ADDITION TO ANY OTHER REMEDIES THAT IT MAY HAVE UNDER THIS
AGREEMENT, REQUIRE THAT CONTRACTOR PREPARE A SCHEDULE TO EXPLAIN AND DISPLAY HOW
IT INTENDS TO REGAIN COMPLIANCE WITH THE CPM SCHEDULE ("RECOVERY SCHEDULE").
WITHIN TEN (10) BUSINESS DAYS AFTER THE DETERMINATION BY OWNER OF THE
REQUIREMENT FOR A RECOVERY SCHEDULE, CONTRACTOR SHALL PREPARE THE RECOVERY
SCHEDULE AND SUBMIT IT TO OWNER FOR ITS REVIEW.
THE RECOVERY SCHEDULE SHALL (I)
REPRESENT CONTRACTOR'S BEST JUDGMENT AS TO HOW IT SHALL REGAIN COMPLIANCE WITH
THE CPM SCHEDULE, (II) BE PREPARED IN ACCORDANCE WITH GECP, (III) HAVE A LEVEL
OF DETAIL SUFFICIENT FOR CONTRACTOR TO DIRECT, MANAGE AND PERFORM THE WORK, AND
(IV) HAVE A MAXIMUM DURATION OF SIXTY (60) DAYS UNLESS RECOVERY CANNOT BE
REASONABLY ACHIEVED IN SUCH TIME, IN WHICH CASE THE DURATION OF THE RECOVERY
SCHEDULE SHALL BE FOR THAT PERIOD OF TIME REASONABLY NECESSARY TO REGAIN
COMPLIANCE WITH THE CPM SCHEDULE.
CONTRACTOR SHALL ADDRESS ALL COMMENTS
RECEIVED FROM OWNER DURING OWNER'S REVIEW OF THE RECOVERY SCHEDULE, AND
CONTRACTOR SHALL PROVIDE A WRITTEN STATEMENT DESCRIBING WHY ANY OF OWNER'S
COMMENTS OR PROPOSED CHANGES TO THE RECOVERY SCHEDULE WERE NOT IMPLEMENTED BY
CONTRACTOR.
ANY OF OWNER'S COMMENTS OR PROPOSED CHANGES TO THE RECOVERY
SCHEDULE THAT CONTRACTOR IMPLEMENTS SHOULD BE REFLECTED IN THE REVISED RECOVERY
SCHEDULE.
THE REVISED RECOVERY SCHEDULE SHALL THEN BE THE SCHEDULE WHICH
CONTRACTOR SHALL USE IN PLANNING, ORGANIZING, DIRECTING, COORDINATING,
PERFORMING, AND EXECUTING THE WORK (INCLUDING ALL ACTIVITIES OF SUBCONTRACTORS
AND SUB-SUBCONTRACTORS) TO REGAIN COMPLIANCE WITH THE CPM SCHEDULE.
THE COST OF
PREPARING AND EXECUTING THE RECOVERY SCHEDULE SHALL BE AT CONTRACTOR'S SOLE COST
AND EXPENSE; PROVIDED, HOWEVER, IF THE PREPARATION OF A RECOVERY SCHEDULE IS
COMBINED WITH
39
A REQUEST BY OWNER FOR A CHANGE ORDER AND THE COST OF PREPARING THE CHANGE ORDER
FOR SUCH REQUEST (EXCLUDING ANY COSTS ASSOCIATED WITH RECOVERY) EXCEEDS THIRTY
THOUSAND U.S. DOLLARS ($30,000), THEN CONTRACTOR IS ENTITLED TO REIMBURSEMENT
FOR SUCH PREPARATION COSTS IN ACCORDANCE WITH SECTION 6.1A.
OWNER'S REVIEW AND
COMMENTS REGARDING THE RECOVERY SCHEDULE SHALL NOT RELIEVE CONTRACTOR OF ANY