Common use of Cost Loaded Construction Schedule Clause in Contracts

Cost Loaded Construction Schedule. Within ten (10) days of the DISTRICT's return of the Preliminary Construction Schedule to the CONTRACTOR pursuant to subparagraph B above, the CONTRACTOR shall prepare and submit the Cost Loaded Construction Schedule which incorporates therein the comments to the Preliminary Construction Schedule. Upon the CONTRACTOR's submittal of such Construction Schedule, the DISTRICT shall review the same for purposes of determining conformity with the requirements of the Contract Documents. Within fifteen (15) days of the receipt of the Construction Schedule, the DISTRICT will approve such Construction Schedule or will return the same to the CONTRACTOR with comments to the form or content. In the event there are comments to the form or content thereof, the CONTRACTOR shall within seven (7) days of receipt of such comments, revise and resubmit the Construction Schedule incorporating therein such comments. Upon the DISTRICT's approval of the form and content of a Construction Schedule, the same shall be deemed the "approved construction schedule." The DISTRICT's approval of a Construction Schedule shall be for the sole and limited purpose of determining conformity with the requirements of the Contract Documents. By the approved construction schedule, the DISTRICT shall not be deemed to have exercised control over, or approval of, construction means, methods or sequences, all of which remain the responsibility and obligation of the CONTRACTOR in accordance with the terms of the Contract Documents. Further, the approved construction schedule shall not operate to limit or restrict any of CCONTRACTOR's obligations under the Contract Documents nor relieve the CONTRACTOR from the full, faithful and timely performance of such obligations in accordance with the terms of the Contract Documents. The activities, commencement and completion dates of activities, and the sequencing of activities depicted on the approved construction schedule shall not be modified or revised by the CONTRACTOR without the prior consent, or direction, of the DISTRICT. Updates to the approved construction schedule shall not be deemed revisions to the approved construction schedule. In the event that the approved construction schedule shall depict completion of the Work in a duration shorter than the Contract Time, the same shall not be a basis for an adjustment of the Contract Time or the Contract Price in the event that actual completion of the Work shall occur after such the time depicted in such approved construction schedule. In such event, the Contract Price shall not be subject to adjustment on account of any additional costs incurred by the CONTRACTOR to complete the Work prior to the Contract Time, as adjusted in accordance with the terms of the Contract Documents. Any adjustment of the Contract Time or the Contract Price shall be based upon the Contract Time set forth in the Contract Documents and not any shorter duration which may depicted in the approved construction schedule.