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

I 1 14. Contractor shall not schedule any activity with an unrealistic, unduly long, or unduly 2 short duration. Contractor shall use its best efforts in good faith to set reasonable I 3 durations for all activities. Contractor shall not attempt to "grab the Float" or make 4 any effort to use any Float in the Progress Schedule for the benefit of the Contractor, 5 rather than the benefit of the project. Contractor shall use its best efforts in good I 6 faith to minimize dependencies, minimize the number of critical paths, and schedule 7 the project to be complete as expeditiously as reasonably possible. 8 9 1-08.4 Notice to Proceed and Prosecution of Work Section 1-08.4 is modified to read: 10 11 Notice to Proceed will be given after the contract has been executed and the contract bond I 12 and evidence of insurance have been approved and filed by the Contracting Agency. The 13 Contractor shall not commence with the work until the Notice to Proceed has been given by 14 the Engineer. The Contractor shall commence construction activities on the project site 15 within ten days of the Notice to Proceed Date, unless otherwise approved in writing. The 16 Contractor shall diligently pursue the work to the physical completion date within the time 17 specified in the contract. Voluntary shutdown or slowing of operations by the Contractor 18 shall not relieve the Contractor of the responsibility to complete the work within the time(s) I 19 specified in the contract. 20 21 Following execution of the Contract by the Owner, the Owner or Owner's Representative 22 will give the Contractor a written Notice To Proceed. Notwithstanding other provisions of 23 the Contract, the Contractor shall not be obligated to perform work, and the Owner will 24 not be obligated to accept or pay for work performed by the Contractor or be liable for I 25 any Delays, prior to delivery of the Notice To Proceed. The Owner's knowledge of work 26 being performed prior to delivery of the Notice To Proceed will not obligate the Owner to 27 accept or pay for such work. Contractor waives any and all Contract Claims for an 28 adjustment of Contract Sum and Contract Time arising out of, or related to, work it 29 performs prior to receipt of the Notice to Proceed. The Owner may issue partial Notices 30 to Proceed. Contractor may seek permission in writing to perform some Work prior to 31 issuance to the Notice to Proceed, such as shop drawings, equipment and material 32 submittals, or surveying and the Owner or Owner's Representative may, in its sole 33 discretion, approve in writing such Work prior to the issuance of the Notice to Proceed. 34I35 1-08.4 Prosecution of Work 36 37 The following section is added: I 38 39 1-08.4A Construction Progress 40 111 41 The Contractor shall furnish all labor, materials, facilities and Equipment necessary to 42 ensure the prosecution and completion of the Project within the interim milestones, 43 Substantial Completion, Physical Completion and Completion Dates of the Contract. If 44 work falls seven (7) days or more behind the reviewed Preliminary Schedule, the 45 Contractor agrees that, at its sole cost and expense, it will take all actions necessary to 46 return the Project to the accepted schedule. These actions may include the following: 47 1. Increase labor in quantities and crafts. 48 2. Increase the number of working hours per shift, shifts per working day, working 49 days per week, or the amount of Equipment, or any combination of the foregoing. 50 3. Reschedule activities. 111 51 52 If requested by the Owner's Representative, the Contractor shall prepare a proposed I RIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 64 I