Interwest Construction Inc 8/9/2018

CITY OF EVERETT SPECIAL PROVISIONS The Contractor hereby expressly agrees and acknowledges that any failure by Contractor to provide accurate, complete, current and updated schedules at least monthly constitutes a waiver of any and all claims or requests for adjustment of Contract Sum or Time that arise out of, result from, or are caused by, any Delay on the Project or scheduling of the Work. Timely submission of updated schedules at least monthly is a condition precedent to any later or subsequent Contract Claim or request for an adjustment of either Contract Sum or Time related to or arising out of time, an alleged Delay, or the schedule or sequence of Work. Similarly, the parties agree the City may withhold progress pay estimates if updated schedules are not timely submitted monthly. These remedies are cumulative and not exclusive of other remedy. The City's use of one or more of these remedies does not constitute an election or prevent the City from pursuing other remedies for this or other defaults. No later than the pre-construction conference, Contractor shall submit a preliminary schedule ("Preliminary Schedule") for the entire Work to City's Representative and City. Contractor shall prepare such schedule in consultation with its Subcontractors. 1-08.3(2) Project Schedule Types Delete 1-08.3(2), including its subsections, and substitute the following: 1-08.3(2) Project Schedule Requirements For Contracts Exceeding $500,000 (******) 1-08.3(2)A Scheduler Contractor represents and warrants that it employs, or will engage prior to preparation of the Preliminary Schedule, a qualified scheduler. A "qualified scheduler" is a person who has at least five years of full time, construction project scheduling experience, who is familiar, competent and professional in creating, maintaining and updating time scaled and resource loaded critical path schedules. Contractor shall submit to the City the name, address, and qualifications of the qualified scheduler to the City for approval no later than the pre-construction conference. 1-08.3(2)B Baseline Schedule The progress schedule submitted to the City's Representative and City after their review of the Preliminary Schedule shall be the Baseline Schedule. The Baseline Schedule shall be the baseline schedule against which all future schedules are compared and updated, and job progress is measured. The Baseline Schedule shall not be reset or changed without the written agreement of City's Representative and City. 1-08.3(2)C Updates Contractor shall submit with each application for payment or progress pay estimate an updated progress schedule, but no less often than monthly. If requested by City's Representative or the City, Contractor shall prepare and submit updated progress schedules from time to time, which may be more frequent than monthly. An updated progress schedule shall identify progress of the Project or Work to the date of submission. It shall include, but not be limited to: (1) identification of all actual start and completion dates occurring prior to the submission of the schedule; (2) comparison of actual start and completion dates to the planned start and completion dates shown on the Baseline Schedule; and (3) comparison of expected start and completion dates for work to occur after submission updated progress schedule to the planned start and completion dates shown on the Baseline Schedule. Work remaining to be completed at the end of a period for an activity should show the remaining duration required to complete that activity. The percent Wetmore Ave Stormwater Bypass Division 1 —GENERAL REQUIREMENTS August, 2018 WO No—UP3704 SP—1-91