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i <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> The Contractor hereby expressly agrees and acknowledges that any failure by <br /> Contractor to provide accurate, complete, current and updated schedules at least <br /> monthly constitutes a waiver of any and all claims or requests for adjustment of <br /> Contract Sum or Time that arise out of, result from, or are caused by, any Delay on the <br /> Project or scheduling of the Work. Timely submission of updated schedules at least <br /> monthly is a condition precedent to any later or subsequent Contract Claim or request <br /> for an adjustment of either Contract Sum or Time related to or arising out of time, an <br /> alleged Delay, or the schedule or sequence of Work. Similarly, the parties agree the <br /> City may withhold progress pay estimates if updated schedules are not timely <br /> submitted monthly. These remedies are cumulative and not exclusive of other remedy. <br /> The City's use of one or more of these remedies does not constitute an election or <br /> prevent the City from pursuing other remedies for this or other defaults. <br /> No later than the pre-construction conference, Contractor shall submit a preliminary <br /> schedule ("Preliminary Schedule") for the entire Work to City's Representative and <br /> City. Contractor shall prepare such schedule in consultation with its Subcontractors. <br /> 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 I <br /> (******) <br /> 1-08.3(2)A Scheduler <br /> Contractor represents and warrants that it employs, or will engage prior to , <br /> preparation of the Preliminary Schedule, a qualified scheduler. A "qualified <br /> scheduler" is a person who has at least five years of full time, construction project <br /> scheduling experience, who is familiar, competent and professional in creating, <br /> maintaining and updating time scaled and resource loaded critical path schedules. <br /> Contractor shall submit to the City the name, address, and qualifications of the <br /> qualified scheduler to the City for approval no later than the pre-construction <br /> conference. <br /> 1-08.3(2)B Baseline Schedule <br /> The progress schedule submitted to the City's Representative and City after their <br /> review of the Preliminary Schedule shall be the Baseline Schedule. The Baseline <br /> Schedule shall be the baseline schedule against which all future schedules are <br /> compared and updated, and job progress is measured. The Baseline Schedule <br /> shall not be reset or changed without the written agreement of City's <br /> Representative and City. <br /> 1-08.3(2)C Updates <br /> Contractor shall submit with each application for payment or progress pay <br /> estimate an updated progress schedule, but no less often than monthly. If <br /> requested by City's Representative or the City, Contractor shall prepare and <br /> submit updated progress schedules from time to time, which may be more <br /> frequent than monthly. <br /> An updated progress schedule shall identify progress of the Project or Work to the <br /> date of submission. It shall include, but not be limited to: (1) identification of all <br /> actual start and completion dates occurring prior to the submission of the <br /> schedule; (2) comparison of actual start and completion dates to the planned start <br /> and completion dates shown on the Baseline Schedule; and (3) comparison of <br /> expected start and completion dates for work to occur after submission updated <br /> progress schedule to the planned start and completion dates shown on the <br /> Baseline Schedule. Work remaining to be completed at the end of a period for an <br /> Water Main Replacement"S" Division 1 —GENERAL REQUIREMENTS January 29, 2018 <br /> WO No—UP3664 SP—92 <br /> I <br />