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CITY OF EVERETT SPECIAL PROVISIONS <br /> shall diligently pursue the Work to the Physical Completion Date within the time specified in <br /> the Contract. Voluntary shutdown or slowing of operations by the Contractor shall not relieve <br /> the Contractor of the responsibility to complete the Work within the time(s) specified in the <br /> Contract. <br /> The City is not obligated to accept or pay for Work performed by the Contractor or be liable <br /> for any Delays, prior to delivery of the Notice to Proceed. The City's knowledge of Work <br /> being performed prior to delivery of the Notice to Proceed will not obligate the City to accept <br /> or pay for such Work. Contractor waives any and all Contract Claims for an adjustment of <br /> Contract Sum or Contract Time arising out of, or related to, Work it performs prior to receipt <br /> of the Notice to Proceed. <br /> The City may issue partial Notices to Proceed. Contractor may seek permission in writing to <br /> perform some Work prior to issuance to the Notice to Proceed, such as shop drawings, <br /> equipment and material Submittals, or surveying and the City or City's Representative may, <br /> in its sole discretion, approve in writing such Work prior to the issuance of the Notice to <br /> Proceed. <br /> Supplement 1-08.4 by adding the following: <br /> 1-08.4(1) Construction Progress <br /> The Contractor shall furnish all labor, materials, facilities and Equipment necessary to <br /> ensure the prosecution and completion of the Project within the interim milestones, <br /> Substantial Completion, Physical Completion and Completion Dates of the Contract. If <br /> Work falls seven calendar days or more behind the reviewed Preliminary Schedule, the <br /> Contractor agrees that, at its sole cost and expense, it will take all actions necessary to <br /> return the Project to the accepted schedule. These actions may include the following: <br /> a. Increase labor in quantities and crafts. I <br /> b. Increase the number of working hours per shift, shifts per working day, <br /> working days per week, or the amount of Equipment, or any combination of <br /> the foregoing. <br /> c. Reschedule activities. <br /> If requested by the City's Representative, the Contractor shall prepare a proposed <br /> schedule revision demonstrating a plan to make up the lag in progress and insure <br /> completion of the Work within the Contract Time. All actions taken to return the Project <br /> to the accepted schedule are at the Contractors expense. <br /> The Contractor shall pay all costs incurred by the City that result from the Contractors <br /> action to return the Project to its accepted schedule, including, but not limited to, <br /> additional, overtime, or third party inspection, design and construction management <br /> service costs. Contractor agrees that City shall deduct such charges from payments <br /> due the Contractor. It is further understood and agreed that none of the services <br /> performed by the City's Representative in monitoring, reviewing and reporting Project <br /> status and progress shall relieve the Contractor of responsibility for planning and <br /> managing construction Work in conformance with the construction schedule. <br /> 1-08.4(2) Special Construction Constraints <br /> (******) <br /> Refer to 1-08.0(2) for work hours. <br /> Refer to 1-07.23(1) for construction under traffic and 1.07.23(1)A for general traffic <br /> requirements. <br /> Watermain Replacement "U" Division 1 —GENERAL REQUIREMENTS October 1, 2019 <br /> WO No—UP3698 SP—98 <br /> I <br />