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ICity of Everett 00 7200 - 17
<br /> 2020 Biosolids Removal UT3705-11
<br /> Iremedies does not constitute an election or prevent the Owner from pursuing other remedies for this or
<br /> other defaults.
<br /> 1 The Owner's Representative's review of any schedule shall not transfer any of the Contractor's
<br /> responsibilities to the Owner. The Contractor alone shall remain responsible for adjusting forces,
<br /> equipment, and work schedules to ensure completion of the Work within the Contract Time. Review by
<br /> I the Owner or Owner's Representative shall not constitute approval or acceptance of the Contractor's
<br /> construction means,methods, sequencing, logic, order,precedence and succession of activities or
<br /> Contractor's ability to complete the Work in a timely manner. Any mistakes or errors in any schedule,
<br /> I including,but not limited to,mistakes or errors of logic,order,precedence,and duration,are and remain
<br /> the Contractor's. The Owner or Owner's Representative may comment upon the schedule.
<br /> 5.2.2.2 Extensions of Contract Time
<br /> IAny requests for extensions in Contract Time,whether resulting from Extra Work directed by the Owner
<br /> or not, shall be accompanied by an analysis of schedules using the critical path method. This analysis
<br /> shall include an updated schedule, an as-planned schedule, an as-built schedule,a but-for schedule, and
<br /> I narrative explaining the alleged causes, schedule impacts and all costs related to or arising out of the
<br /> proposed extension.Any requests for extensions of Contract Time by the Contractor shall be submitted in
<br /> accordance with these General Conditions. Extensions of Contract Time will be granted only as provided
<br /> I in the General Conditions and to the extent that affected critical activities exceed the Total Float time
<br /> along the affected paths of the reviewed Preliminary Schedule at the time the change was authorized in
<br /> writing by the Owner. Contractor has the burden of clearly and convincingly demonstrating entitlement
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<br /> to any adjustment of Contract Time.
<br /> If the Owner is solely responsible for any Delay to Substantial Completion,Physical Completion,
<br /> Completion Date, or Final Acceptance,the Contractor shall only be entitled to compensation or other
<br /> I damages as described in 12.4 REMEDIES,provided that Contractor timely gave Notice pursuant to
<br /> ARTICLE 10. NOTICE TO OWNER,timely submitted a Contract Claim pursuant to ARTICLE 12.
<br /> CONTRACT CLAIMS and fulfilled the requirements,of 5.2.2. Construction Schedule.
<br /> I5.2.3. Construction Progress
<br /> The Contractor shall furnish all labor,materials,facilities and Equipment necessary to insure the
<br /> I prosecution and completion of the Project within the interim milestones, Substantial Completion,Physical
<br /> Completion and Completion Dates of the Contract. If Work falls seven(7)days or more behind the
<br /> reviewed Preliminary Schedule,the Contractor agrees that,at its sole cost and expense, it will take all
<br /> I actions necessary to return the Project to the accepted schedule. These actions may include the following:
<br /> 1. Increase labor in quantities and crafts.
<br /> 2. Increase the number of working hours per shift, shifts per working day,working days per week,
<br /> Ior the amount of Equipment, or any combination of the foregoing.
<br /> 3. Reschedule activities.
<br /> I If requested by the Owner's Representative,the Contractor shall prepare a proposed schedule revision
<br /> demonstrating a plan to make up the lag in progress and insure completion of the Work within the
<br /> Contract Time. All actions taken to return the Project to the accepted schedule are at the Contractor's
<br /> I expense.
<br /> The Contractor shall pay all costs incurred by the Owner that result from the Contractor's action to return
<br /> the Project to its accepted schedule,including,but not limited to,additional, overtime,or third party
<br /> I inspection,design and construction management service costs. Contractor agrees that Owner shall deduct
<br /> such charges from payments due the Contractor. It is further understood and agreed that none of the
<br /> services performed by the Owner's Representative in monitoring,reviewing and reporting Project status
<br /> and progress shall relieve the Contractor of responsibility for planning and managing construction Work
<br /> Iin conformance with the construction schedule.
<br /> I00 7200 - 17 GENERAL CONDITIONS
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