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

I 1 Sum or Time that arise out of, result from, or are caused by, any Delay on the Project or I 2 scheduling of the Work. Timely submission of updated schedules at least monthly is a 3 condition precedent to any later or subsequent Contract Claim or request for an 4 adjustment of either Contract Sum or Time related to or arising out of time, an alleged I 5 Delay, or the schedule or sequence of Work. Similarly, the parties agree the Owner may 6 withhold progress pay estimates if updated schedules are not timely submitted monthly. 7 These remedies are cumulative and not exclusive of any other remedy. The Owner's I 8 9 use of one or more of these remedies does not constitute an election or prevent the Owner from pursuing other remedies for this or other defaults. 10 Ii 1 12 The Owner's Representative's review of any schedule shall not transfer any of the Contractor's responsibilities to the Owner. The Contractor alone shall remain responsible 13 for adjusting forces, equipment, and work schedules to ensure completion of the work 14 within the Contract Time. Review by the Owner or Owner's Representative shall not I15 constitute approval or acceptance of the Contractor's construction means, methods, 16 sequencing, logic, order, precedence and succession of activities or Contractor's ability 17 to complete the Work in a timely manner. Any mistakes or errors in any schedule, I 18 including, but not limited to, mistakes or errors of logic, order, precedence, and duration, 19 are and remain the Contractor's. The Owner or Owner's Representative may comment 20 upon the schedule. I 21 22 No later than the pre-construction conference, Contractor shall submit a preliminary 23 schedule ("Preliminary Schedule") for the entire work to Representative and City. I 24 Contractor shall prepare such schedule in consultation with its subcontractors. 25 26 1-08.3(2) Requirements For Contracts Exceeding $500,000 I 27 1-08.3(2)A Scheduler 28 Contractor represents and warrants that it employs, or will engage prior to preparation of 29 the Preliminary Schedule, a qualified scheduler. A "qualified scheduler" is a person who I30 has at least 5 years of full time, construction project scheduling experience, who is 31 familiar, competent and professional in creating, maintaining and updating time scaled 32 and resource loaded critical path schedules. Contractor shall submit to the City the III 33 name, address, and qualifications of the qualified scheduler to the City for approval no 34 later than the pre-construction conference. 35 1-08.3(2)C Baseline Schedule I36 The progress schedule submitted to the Representative and City after their review of the 37 Preliminary Schedule shall be the Baseline Schedule. The Baseline Schedule shall be I 38 the baseline schedule against which all future schedules are compared and updated, 39 and job progress is measured. The Baseline Schedule shall not be reset or changed 40 without the written agreement of Representative and City. I 41 1-08.3(2)D Updates 42 1. Contractor shall submit with each application for payment or progress pay estimate 43 an updated progress schedule, but no less often than monthly. If requested by 44 Representative or the City, Contractor shall prepare and submit updated progress 45 schedules from time to time, which may be more frequent than monthly. 46 I 47 2. An updated progress schedule shall identify progress of the project or Work to the 48 date of submission. It shall include, but not be limited to: (1) identification of all 49 actual start and completion dates occurring prior to the submission of the schedule; I 50 (2) comparison of actual start and completion dates to the planned start and IRIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 61