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I <br /> IContractor shall submit with each application for payment or progress pay estimate an updated <br /> progress schedule, but no less often than monthly. If requested by the City's Representative or <br /> I the City, Contractor shall prepare and submit updated progress schedules from time to time that <br /> may be more frequent than monthly. <br /> The Contractor hereby expressly agrees and acknowledges that any failure by Contractor to <br /> I provide accurate, complete, current and updated schedules at least monthly constitutes a waiver <br /> of any and all claims or requests for adjustment of Contract Sum or Time that arise out of,result <br /> from, or are caused by, any Delay on the Project or scheduling of the Work. Timely submission <br /> I of updated schedules at least monthly is a condition precedent to any later or subsequent <br /> Contract Claim or request for an adjustment of either Contract Sum or Time related to or arising <br /> out of time, an alleged Delay, or the schedule or sequence of Work. Similarly,the parties agree <br /> the City may withhold progress pay estimates if updated schedules are not timely submitted <br /> I monthly. These remedies are cumulative and not exclusive of other remedy. The City's use of <br /> one or more of these remedies does not constitute an election or prevent the City from pursuing <br /> other remedies for this or other defaults. <br /> I No later than the pre-construction conference, Contractor shall submit a preliminary schedule <br /> ("Preliminary Schedule")for the entire Work to City's Representative and City.Contractor shall <br /> prepare such schedule in consultation with its Subcontractors. <br /> I 1-08.3(2) Project Schedule Types <br /> Delete 1-08.3(2), including its subsections, and substitute the following: <br /> 1-08.3(2) Project Schedule Requirements for Contracts Exceeding$500,000 <br /> 1-08.3(2)A Scheduler <br /> I Contractor represents and warrants that it employs, or will engage prior to preparation of <br /> the Preliminary Schedule, a qualified scheduler. A"qualified scheduler" is a person who <br /> has at least five years of full time, construction project scheduling experience, who is <br /> I familiar, competent and professional in creating, maintaining and updating time scaled <br /> and resource loaded critical path schedules. Contractor shall submit to the City the name, <br /> address,and qualifications of the qualified scheduler to the City for approval no later than <br /> the pre-construction conference. <br /> I1-08.3(2)B Baseline Schedule <br /> The progress schedule submitted to the City's Representative and City after their review <br /> of the Preliminary Schedule shall be the Baseline Schedule. The Baseline Schedule shall <br /> I be the baseline schedule against which all future schedules are compared and updated, <br /> and job progress is measured. The Baseline Schedule shall not be reset or changed <br /> without the written agreement of City's Representative and City. <br /> I 1-08.3(2)C Updates <br /> Contractor shall submit with each application for payment or progress pay estimate an <br /> updated progress schedule, but no less often than monthly. If requested by City's <br /> I Representative or the City, Contractor shall prepare and submit updated progress <br /> schedules from time to time,which may be more frequent than monthly. <br /> An updated progress schedule shall identify progress of the Project or Work to the date of <br /> I submission. It shall include, but not be limited to: (1) identification of all actual start and <br /> completion dates occurring prior to the submission of the schedule; (2) comparison of <br /> actual start and completion dates to the planned start and completion dates shown on the <br /> I Baseline Schedule; and (3) comparison of expected start and completion dates for work <br /> to occur after submission updated progress schedule to the planned start and completion <br /> dates shown on the Baseline Schedule. Work remaining to be completed at the end of a <br /> Iperiod for an activity should show the remaining duration required to complete that <br /> HAYES STREET REGULATOR February, 2017 <br /> I AND CSO CONTROLS (SRO1, SRO2,AND SRO3) <br /> WO No—UP3398-31 SP - 100 <br />