Common use of Float Clause in Contracts

Float. 22 1. Float is not for the exclusive use or benefit of either ADOT or Developer, but must be 23 used in the best interest of completing the Project within the D&C Period. If the dates 24 in any Monthly Progress Schedule Submittal forecast any slippage or overrun of the 25 D&C Period, Developer shall indicate such slippage or overrun by reporting negative 26 Float. 27 2. Developer shall not utilize (1) Float suppression techniques in the Schedule, 28 including interim dates imposed by Developer other than Project milestone(s), or (2) 29 the inclusion of activities or constraints in a path or chain leading to a Contract 30 Milestone which are unrelated to the Work as stated and specified in the Contract 31 Documents, or (3) activity durations or sequences deemed by ADOT to be 32 unreasonable in whole or in part. 33 3. Preferential sequencing (i.e., whereby activities that could be performed concurrently 34 and are established in the Project Schedule as sequential simply to consume Float) 35 and/or indicating artificial activity durations (i.e., inflating activities in the schedule to 36 consume Float and influence the Critical Path) are unacceptable. Sequestering of 37 Float is cause for rejection of Developer’s schedule Submittal. In the event that Float 38 sequestering is identified, Developer shall revise the schedule appropriately. 39 4. Developer shall impose, code, and separately identify all time(s) and milestones in all 40 Monthly Progress Schedule Submittals in conformance to the milestone(s) and 41 time(s) set forth in the Contract Documents. Developer shall impose no other date 42 restraints in the Schedule, unless an explanation of their bases is provided and such 43 explanation is acceptable to ADOT. 44 5. ADOT will consider extensions of time for performance of the Work required under 45 the Agreement only to the extent that the equitable time adjustment for activities 46 affected by any condition or event which entitles Developer to a time extension 47 exceed the Float along the path of the activities affected at issuance of NTP for 1 Supplemental Agreement or commencement of any delay or condition for which an 2 adjustment is warranted under the Contract Documents. 3 6. If Developer is delayed in performing the Work, Developer shall absorb any related 4 delay, disruption, interference, hindrance, extension, or acceleration costs, however 5 caused, except as otherwise provided in Article 14 of the Agreement. Developer may 6 use Float to absorb Project delays, if any. Developer shall include a description of 7 the cause of delay, the projected amount of Float to be used, and the revised 8 Monthly Progress Schedule showing the use of the Float in the Monthly Progress 9 Report. Developer shall work cooperatively with ADOT, other contractors, and third 10 parties to identify and implement, to the maximum extent possible, no-cost measures 11 to recover all schedule delays, regardless of the cause of the delays. One example 12 of such measures is no-cost re-sequencing of Work activities.

Float. 22 20 1. Float is not for the exclusive use or benefit of either ADOT or Developer, but must be 23 21 used in the best interest of completing the Project within the D&C PeriodTerm. If the dates 24 in any 22 Monthly Progress Schedule Submittal forecast any slippage or overrun of the 25 D&C PeriodTerm, 23 Developer shall indicate such slippage or overrun by reporting negative 26 Float. 27 24 2. Developer shall not utilize (1) Float suppression techniques in the Schedule, 28 25 including interim dates imposed by Developer other than Project milestone(s), or (2) 29 26 the inclusion of activities or constraints in a path or chain leading to a Contract 30 27 Milestone which are unrelated to the Work as stated and specified in the Contract 31 28 Documents, or (3) activity durations or sequences deemed by ADOT to be 32 29 unreasonable in whole or in part. 33 30 3. Preferential sequencing (i.e., whereby activities that could be performed concurrently 34 31 and are established in the Project Schedule as sequential simply to consume Float) 35 ), 32 and/or indicating artificial activity durations (i.e., inflating activities in the schedule to 36 33 consume Float and influence the Critical Path) are unacceptable. Sequestering of 37 34 Float is cause for rejection of Developer’s schedule Submittal. In the event that Float 38 35 sequestering is identified, Developer shall revise the schedule appropriately. 39 36 4. Developer shall impose, code, and separately identify all contract time(s) and 37 milestones in all 40 Monthly Progress Schedule Submittals in conformance to the milestone(s38 Milestone(s) and 41 time(sContract Time(s) set forth in the Contract Documents. Developer 39 shall impose no other date 42 restraints in the Schedule, unless an explanation of their 40 bases is provided and such 43 explanation is acceptable to ADOT. 44 41 5. ADOT will consider extensions of time for performance of the Work required under 45 42 the Agreement only to the extent that the equitable time adjustment for activities 46 43 affected by any condition or event which entitles Developer to a time extension 47 44 exceed the Float along the path of the activities affected at issuance the time of NTP for 1 of a 45 Supplemental Agreement or commencement of any delay or condition for which an 2 46 adjustment is warranted under the Contract Documents. 3 47 6. If Developer is delayed in performing the Work, Developer shall absorb any related 4 48 delay, disruption, interference, hindrance, extension, or acceleration costs, however 5 49 caused, except as otherwise provided in Article 14 of the Agreement. Developer may 6 50 use Float to absorb Project delays, if any. Developer shall include a description of 7 the 1 cause of delay, the projected amount of Float to be used, and the revised 8 Monthly 2 Progress Schedule showing the use of the Float in the Monthly Progress 9 Report. 3 Developer shall work cooperatively with ADOT, other contractors, and third 10 parties to 4 identify and implement, to the maximum extent possible, no-cost measures 11 to recover all 5 schedule delays, regardless of the cause of the delays. One example 12 of such measures 6 is no-cost re-sequencing of Work activities.

Float. 22 24 1. Float is not for the exclusive use or benefit of either ADOT or Developer, but must be 23 25 used in the best interest of completing the Project within the D&C Period. If the dates 24 26 in any Monthly Progress Schedule Submittal forecast any slippage or overrun of the 25 27 D&C Period, Developer shall indicate such slippage or overrun by reporting negative 26 28 Float. 27 29 2. Developer shall not utilize (1) Float suppression techniques in the Schedule, 28 30 including interim dates imposed by Developer other than Project milestone(s), or (2) 29 31 the inclusion of activities or constraints in a path or chain leading to a Contract 30 32 Milestone which are unrelated to the Work as stated and specified in the Contract 31 33 Documents, or (3) activity durations or sequences deemed by ADOT to be 32 34 unreasonable in whole or in part. 33 35 3. Preferential sequencing (i.e., whereby activities that could be performed concurrently 34 36 and are established in the Project Schedule as sequential simply to consume Float),) 35 37 and/or indicating artificial activity durations (i.e., inflating activities in the schedule to 36 38 consume Float and influence the Critical Path) are unacceptable. Sequestering of 37 39 Float is cause for rejection of Developer’s schedule Submittal. In the event that Float 38 40 sequestering is identified, Developer shall revise the schedule appropriately. 39 41 4. Developer shall impose, code, and separately identify all contract time(s) and 42 milestones in all 40 Monthly Progress Schedule Submittals in conformance to the milestone(s43 Milestonemilestone(s) and 41 time(sContract Timetime(s) set forth in the Contract Documents. 44 Developer shall impose no other date 42 restraints in the Schedule, unless an 45 explanation of their bases is provided and such 43 explanation is acceptable to ADOT. 44 46 5. ADOT will consider extensions of time for performance of the Work required under 45 47 the Agreement only to the extent that the equitable time adjustment for activities 46 48 affected by any condition or event which entitles Developer to a time extension 47 1 exceed the Float along the path of the activities affected at issuance the timeissuance of NTP for 1 2 of afor Supplemental Agreement or commencement of any delay or condition for 3 which an 2 adjustment is warranted under the Contract Documents. 3 4 6. If Developer is delayed in performing the Work, Developer shall absorb any related 4 5 delay, disruption, interference, hindrance, extension, or acceleration costs, however 5 6 caused, except as otherwise provided in Article 14 of the Agreement. Developer may 6 7 use Float to absorb Project delays, if any. Developer shall include a description of 7 8 the cause of delay, the projected amount of Float to be used, and the revised 8 9 Monthly Progress Schedule showing the use of the Float in the Monthly Progress 9 10 Report. Developer shall work cooperatively with ADOT, other contractors, and third 10 11 parties to identify and implement, to the maximum extent possible, no-cost measures 11 12 to recover all schedule delays, regardless of the cause of the delays. One example 12 13 of such measures is no-cost re-sequencing of Work activities.

Float. 22 25 1. Float is not for the exclusive use or benefit of either ADOT or Developer, but must be 23 26 used in the best interest of completing the Project within the D&C Period. If the dates 24 27 in any Monthly Progress Schedule Submittal forecast any slippage or overrun of the 25 28 D&C Period, Developer shall indicate such slippage or overrun by reporting negative 26 29 Float. 27 30 2. Developer shall not utilize (1) Float suppression techniques in the Schedule, 28 31 including interim dates imposed by Developer Xxxxxxxxx other than Project milestone(s), or (2) 29 32 the inclusion of activities or constraints in a path or chain leading to a Contract 30 33 Milestone which are unrelated to the Work as stated and specified in the Contract 31 34 Documents, or (3) activity durations or sequences deemed by ADOT to be 32 35 unreasonable in whole or in part. 33 36 3. Preferential sequencing (i.e., whereby activities that could be performed concurrently 34 37 and are established in the Project Schedule as sequential simply to consume Float) 35 38 and/or indicating artificial activity durations (i.e., inflating activities in the schedule to 36 39 consume Float and influence the Critical Path) are unacceptable. Sequestering of 37 40 Float is cause for rejection of Developer’s schedule Submittal. In the event that Float 38 41 sequestering is identified, Developer shall revise the schedule appropriately. 39 42 4. Developer shall impose, code, and separately identify all time(s) and milestones in all 40 43 Monthly Progress Schedule Submittals in conformance to the milestone(s) and 41 44 time(s) set forth in the Contract Documents. Developer shall impose no other date 42 45 restraints in the Schedule, unless an explanation of their bases is provided and such 43 46 explanation is acceptable to ADOT. 44 47 5. ADOT will consider extensions of time for performance of the Work required under 45 48 the Agreement only to the extent that the equitable time adjustment for activities 46 1 affected by any condition or event which entitles Developer to a time extension 47 2 exceed the Float along the path of the activities affected at issuance of NTP for 1 3 Supplemental Agreement or commencement of any delay or condition for which an 2 4 adjustment is warranted under the Contract Documents. 3 5 6. If Developer is delayed in performing the Work, Developer shall absorb any related 4 6 delay, disruption, interference, hindrance, extension, or acceleration costs, however 5 7 caused, except as otherwise provided in Article 14 of the Agreement. Developer may 6 8 use Float to absorb Project delays, if any. Developer shall include a description of 7 9 the cause of delay, the projected amount of Float to be used, and the revised 8 10 Monthly Progress Schedule showing the use of the Float in the Monthly Progress 9 11 Report. Developer shall work cooperatively with ADOT, other contractors, and third 10 12 parties to identify and implement, to the maximum extent possible, no-cost measures 11 13 to recover all schedule delays, regardless of the cause of the delays. One example 12 14 of such measures is no-cost re-sequencing of Work activities.

Float. 22 26 1. Float is not for the exclusive use or benefit of either ADOT or Developer, but must be 23 27 used in the best interest of completing the Project within the D&C Period. If the dates 24 28 in any Monthly Progress Schedule Submittal forecast any slippage or overrun of the 25 29 D&C Period, Developer shall indicate such slippage or overrun by reporting negative 26 30 Float. 27 31 2. Developer shall not utilize (1) Float suppression techniques in the Schedule, 28 32 including interim dates imposed by Developer other than Project milestone(s), or (2) 29 33 the inclusion of activities or constraints in a path or chain leading to a Contract 30 34 Milestone which are unrelated to the Work as stated and specified in the Contract 31 35 Documents, or (3) activity durations or sequences deemed by ADOT to be 32 36 unreasonable in whole or in part. 33 37 3. Preferential sequencing (i.e., whereby activities that could be performed concurrently 34 38 and are established in the Project Schedule as sequential simply to consume Float) 35 39 and/or indicating artificial activity durations (i.e., inflating activities in the schedule to 36 40 consume Float and influence the Critical Path) are unacceptable. Sequestering of 37 41 Float is cause for rejection of Developer’s schedule Submittal. In the event that Float 38 42 sequestering is identified, Developer shall revise the schedule appropriately. 39 43 4. Developer shall impose, code, and separately identify all time(s) and milestones in all 40 44 Monthly Progress Schedule Submittals in conformance to the milestone(s) and 41 45 time(s) set forth in the Contract Documents. Developer shall impose no other date 42 46 restraints in the Schedule, unless an explanation of their bases is provided and such 43 47 explanation is acceptable to ADOT. 44 1 5. ADOT will consider extensions of time for performance of the Work required under 45 2 the Agreement only to the extent that the equitable time adjustment for activities 46 3 affected by any condition or event which entitles Developer to a time extension 47 4 exceed the Float along the path of the activities affected at issuance of NTP for 1 5 Supplemental Agreement or commencement of any delay or condition for which an 2 6 adjustment is warranted under the Contract Documents. 3 7 6. If Developer is delayed in performing the Work, Developer shall absorb any related 4 8 delay, disruption, interference, hindrance, extension, or acceleration costs, however 5 9 caused, except as otherwise provided in Article 14 of the Agreement. Developer may 6 10 use Float to absorb Project delays, if any. Developer shall include a description of 7 11 the cause of delay, the projected amount of Float to be used, and the revised 8 12 Monthly Progress Schedule showing the use of the Float in the Monthly Progress 9 13 Report. Developer shall work cooperatively with ADOT, other contractors, and third 10 14 parties to identify and implement, to the maximum extent possible, no-cost measures 11 15 to recover all schedule delays, regardless of the cause of the delays. One example 12 16 of such measures is no-cost re-sequencing of Work activities.

Float. 22 29 1. Float is not for the exclusive use or benefit of either ADOT or Developer, but must be 23 30 used in the best interest of completing the Project within the D&C Period. If the dates 24 31 in any Monthly Progress Schedule Submittal forecast any slippage or overrun of the 25 32 D&C Period, Developer shall indicate such slippage or overrun by reporting negative 26 33 Float. 27 34 2. Developer shall not utilize (1) Float suppression techniques in the Schedule, 28 35 including interim dates imposed by Developer other than Project milestone(s), or (2) 29 36 the inclusion of activities or constraints in a path or chain leading to a Contract 30 37 Milestone which are unrelated to the Work as stated and specified in the Contract 31 38 Documents, or (3) activity durations or sequences deemed by ADOT to be 32 39 unreasonable in whole or in part. 33 40 3. Preferential sequencing (i.e., whereby activities that could be performed concurrently 34 41 and are established in the Project Schedule as sequential simply to consume Float) 35 ), 42 and/or indicating artificial activity durations (i.e., inflating activities in the schedule to 36 43 consume Float and influence the Critical Path) are unacceptable. Sequestering of 37 44 Float is cause for rejection of Developer’s schedule Submittal. In the event that Float 38 45 sequestering is identified, Developer shall revise the schedule appropriately. 39 46 4. Developer shall impose, code, and separately identify all contract time(s) and 47 milestones in all 40 Monthly Progress Schedule Submittals in conformance to the milestone(s48 Milestone(s) and 41 time(sContract Time(s) set forth in the Contract Documents. Developer 1 shall impose no other date 42 restraints in the Schedule, unless an explanation of their 2 bases is provided and such 43 explanation is acceptable to ADOT. 44 3 5. ADOT will consider extensions of time for performance of the Work required under 45 4 the Agreement only to the extent that the equitable time adjustment for activities 46 5 affected by any condition or event which entitles Developer to a time extension 47 6 exceed the Float along the path of the activities affected at issuance the time of NTP for 1 of a 7 Supplemental Agreement or commencement of any delay or condition for which an 2 8 adjustment is warranted under the Contract Documents. 3 9 6. If Developer is delayed in performing the Work, Developer shall absorb any related 4 10 delay, disruption, interference, hindrance, extension, or acceleration costs, however 5 11 caused, except as otherwise provided in Article 14 of the Agreement. Developer may 6 12 use Float to absorb Project delays, if any. Developer shall include a description of 7 13 the cause of delay, the projected amount of Float to be used, and the revised 8 14 Monthly Progress Schedule showing the use of the Float in the Monthly Progress 9 15 Report. Developer shall work cooperatively with ADOT, other contractors, and third 10 16 parties to identify and implement, to the maximum extent possible, no-cost measures 11 17 to recover all schedule delays, regardless of the cause of the delays. One example 12 18 of such measures is no-cost re-sequencing of Work activities.