A-1 Landscaping and Construction, Inc. 7/20/2016

I 1 any schedule, including, but not limited to, mistakes or errors of logic, order, precedence, I 2 and duration, are and remain the Contractor's. The City or Representative may, 3 however, comment upon the schedule. The Contractor remains wholly responsible for 4 completing the work within the contract duration. Any comments by City or 5 Representative personnel regarding the schedule shall not be construed as approval or I 6 ratification, nor must the Contractor incorporate or change its schedule as a result of any 7 City or Representative comments in the absence of an express written directive to that 8 effect. I 9 10 Contractor shall submit, update and maintain schedules as required by the Contract 11 Documents. 12 13 The Contractor shall provide sufficient material, equipment, and labor to meet the interim 14 milestones, Substantial Completion, Physical Completion and Completion Dates 15 provided by the Contract Documents. The Owner allocates its resources to a Contract 16 based on the total time allowed in the Contract. The Contractor may submit a schedule 17 indicating Completion Date earlier than the end of Contract Time, but Owner cannot 18 guarantee its resources will be available to meet such schedule. Owner shall not pay or 19 be liable for any additional compensation if the Contractor is not able to meet a schedule 20 that indicates a Completion Date earlier than the end of Contract Time. 21 I 22 Failure to schedule Owner furnished or installed materials and Equipment for installation 23 on or after its planned arrival pursuant to the Owner's contract with the supplier or failure 24 to Notify the Owner of tasks dependent upon the fact or date of arrival of such Owner I 25 furnished materials and Equipment, constitute a waiver by Contractor of any Contract 26 Claim arising out of or related to the timeliness of the furnishing or installation of such 27 material and Equipment. All schedules must allow for timely incorporation of any other's I 28 work under separate Contract with Owner and for timely incorporation of any work 29 provided and installed by Owner. Unless otherwise expressly authorized in writing by 30 the Owner's representative, the Contractor must integrate the schedules with the 31 Schedule of Values and unit price items so that each construction activity is represented 111 32 by a dollar value. 33 34 Float in a progress schedule belongs to the City. 35 36 Subcontractors shall review all schedules prior to submission to the Owner and Owner's 37 Representative. At the Owner's option and sole discretion, Owner may requireI 38 Contractor to obtain written acceptance of each schedule by subcontractors as practical 39 and feasible, as the schedule relates to subcontractors' work. 40 41 Contractor shall not schedule any activity with an unrealistic, unduly long, or unduly short 42 duration. Contractor shall use its best efforts in good faith to set reasonable durations 43 for all activities. Contractor shall not attempt to "grab the Float" or make any effort to use 44 any Float in the Progress Schedule for the benefit of the Contractor. 45 46 Contractor shall submit with each application for payment or progress pay estimate an 47 updated progress schedule, but no less often than monthly. If requested by the Owner's 48 Representative or the Owner, Contractor shall prepare and submit updated progress 49 schedules from time to time, which may be more frequent than monthly. 50 51 The Contractor hereby expressly agrees and acknowledges that any failure by 52 Contractor to provide accurate, complete, current and updated schedules at least 53 monthly constitutes a waiver of any and all claims or requests for adjustment of Contract I RIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 60 1