IO Environmental and Infrastructure Inc Smith Street Cleanup and Fill Project

City of Everett 00 72 00 - 17 3600 Smith Street Clean Up accordance with these General Conditions. Extensions of Contract Time will be granted only as provided in the General Conditions and to the extent that affected critical activities exceed the Total Float time along the affected paths of the reviewed Preliminary Schedule at the time the change was authorized in writing by the Owner. Contractor has the burden of clearly and convincingly demonstrating entitlement to any adjustment of Contract Time. If the Owner is solely responsible for any Delay to Substantial Completion,Physical Completion, Completion Date, or Final Acceptance, the Contractor shall only be entitled to compensation or other damages as described in 12.4 REMEDIES, provided that Contractor timely gave Notice pursuant to 10. ' NOTICE TO OWNER,timely submitted a Contract Claim pursuant to 12. CONTRACT CLAIMS and fulfilled the requirements of 5.2.2. Construction Schedule. 5.2.3. Construction Progress The Contractor shall furnish all labor, materials, facilities and Equipment necessary to insure the prosecution and completion of the Project within the interim milestones, Substantial Completion, Physical Completion and Completion Dates of the Contract. If Work falls seven(7) days or more behind the ' reviewed Preliminary Schedule, the Contractor agrees that, at its sole cost and expense, it will take all actions necessary to return the Project to the accepted schedule. These actions may include the following: 1. Increase labor in quantities and crafts. ' 2. Increase the number of working hours per shift, shifts per working day, working days per week, or the amount of Equipment, or any combination of the foregoing. ' 3. Reschedule activities. If requested by the Owner's Representative, the Contractor shall prepare a proposed schedule revision demonstrating a plan to make up the lag in progress and insure completion of the Work within the Contract Time. All actions taken to return the Project to the accepted schedule are at the Contractor's expense. The Contractor shall pay all costs incurred by the Owner that result from the.Contractor's action to return ' the Project to its accepted schedule, including, but not limited to, additional, overtime, or third party inspection, design and construction management service costs. Contractor agrees that Owner shall deduct such charges from payments due the Contractor. It is further understood and agreed that none of the services performed by the Owner's Representative in monitoring,reviewing and reporting Project status and progress shall relieve the Contractor of responsibility for planning and managing construction Work in conformance with the construction schedule. 111 5.2.4. Delays 5.2.4.1 ' General In the event of a Delay,the Contractor shall take immediate steps to minimize the Delay or avoid further Delay. The Contractor agrees it shall not make any Contract Claim or request for adjustment of Contract Time or Contract Sum based upon Delays for which it did not timely provide Notice to the Owner. ' 5.2.4.2 Bonuses If the Contract Documents provide the Contractor with a bonus or other incentive for early completion of a milestone or other completion point, Contractor assumes the risk of Delays caused wholly or partially ' by third parties. Owner shall not pay any bonus that Contractor would have achieved but for any and all Delays caused in whole or in part by a third party. By way of example only,the Contractor bears the risk of utility companies' failure to locate underground utilities accurately and the Contractor bears the risk of timely asking for the marking of the location of underground utilities. 5.3. SUSPENSION PROCEDURES ' The Owner may, at its convenience and at any time and without cause, suspend all or any part of the Work by notice in writing to the Contractor. The Work shall be resumed by the Contractor within five (5) days after receiving written notice from the Owner to do so. The Contractor will be allowed an increase ' 00 72 00 - 17 GENERAL CONDITIONS