American Process Group Inc 4/15/2020

City of Everett 00 7200 - 16 , 2020 Biosolids Removal UT3705-11 price and achieving the Completion Dates, including,but not limited to,weather, Site access,labor conditions and the availability of materials, supplies and Equipment. Compliance with ARTICLE 10. NOTICE TO OWNER,ARTICLE 12. CONTRACT CLAIMS, and 5.2.2. Construction Schedule are conditions precedent to a request for, consideration of, and grant of,any extension of Contract Time. Failure to request a time extension in the manner and in the time required by this section, and the Specifications referred to herein,constitutes a waiver by the Contractor of any and all entitlement to an extension of time and any adjustment of Contract Sum arising out, or related to, such Delay. 5.2.2. Construction Schedule 5.2.2.1 General Contractor shall submit,update and maintain schedules as required by the Contract Documents. The Contractor shall provide sufficient material,equipment, and labor to meet the interim milestones, Substantial Completion,Physical Completion and Completion Dates provided by the Contract Documents. The Owner allocates its resources to a Contract based on the total time allowed in the Contract. The Contractor may submit a schedule indicating Completion Date earlier than the end of Contract Time,but Owner cannot guarantee its resources will be available to meet such schedule. Owner shall not pay or be liable for any additional compensation if the Contractor is not able to meet a schedule that indicates a Completion Date earlier than the end of Contract Time. Failure to schedule Owner furnished or installed materials and Equipment for installation on or after its planned arrival pursuant to the Owner's contract with the supplier or failure to Notify the Owner of tasks dependent upon the fact or date of arrival of such Owner furnished materials and Equipment, constitute a waiver by Contractor of any Contract Claim arising out of or related to the timeliness of the furnishing or installation of such material and Equipment. All schedules must allow for timely incorporation of any other's work under separate contract with Owner and for timely incorporation of work provided and installed by Owner. Unless otherwise expressly authorized in writing by the Owner's Representative,the Contractor must integrate the schedules with the Schedule of Values and unit price items so that each construction activity is represented by a dollar value. Float in a Progress Schedule belongs to the Owner. Subcontractors shall review all schedules prior to submission to the Owner and Owner's Representative. At the Owner's option and sole discretion, Owner may require Contractor to obtain written acceptance of each schedule by Subcontractors as practical and feasible, as the schedule relates to Subcontractors' work. Contractor shall not schedule any activity with an unrealistic,unduly long, or unduly short duration. Contractor shall use its best efforts in good faith to set reasonable durations for all activities. Contractor shall not attempt to"grab the Float"or make any effort to use any Float in the Progress Schedule for the benefit of the Contractor. 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 the Owner's Representative or the Owner, Contractor shall prepare and submit updated Progress Schedules from time to time,which may be more frequent than monthly. ' The Contractor hereby expressly agrees and acknowledges that any failure by Contractor to provide accurate, complete, current and updated schedules with each and every progress pay estimate or Application for Payment 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 monthly updated schedules 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 Owner may withhold progress pay estimates if updated schedules are not timely submitted. These remedies are cumulative and not exclusive of any other remedy. The Owner's use of one or more of these , 00 7200 - 16 GENERAL CONDITIONS 1