Allied Construction Associates Inc. 4/23/2021

CITY OF EVERETT SPECIAL PROVISIONS If the Engineer determines that the Contractor failed to pursue the Work diligently before the suspension, or failed to comply with the Contract or orders, then the Contractor shall maintain the temporary roadway, sidewalk, and path in use during suspension. In this case, the Contractor shall bear the maintenance costs. If the Contractor fails to maintain the temporary roadway, sidewalk, and path the City will do the Work and deduct all resulting costs from payments due to the Contractor. If the Engineer determines that the Contractor has pursued the Work diligently before the suspension, then the City will maintain the temporary roadway, sidewalk, and path (and bear its cost). This City-provided maintenance work will include only routine maintenance of: 1. The Traveled Way,Auxiliary Lanes, Shoulders, detour surface, sidewalks, and paths, 2. Roadway drainage along and under the traveled Roadway, sidewalk, path or detour, and 3. All barricades, signs, and lights needed for directing traffic through the temporary Roadway, sidewalk, path or detour in the construction area. The Contractor shall protect and maintain all other Work in areas not used by traffic. All costs associated with protecting and maintaining such Work shall be the responsibility of the Contractor except those costs associated with implementing the TESC Plan according to Section 8-01. After suspension during which the City has done the routine maintenance, the Contractor shall accept the traveled Roadway,sidewalk, path or detour as is when Work resumes. The Contractor shall make no claim against the City for the condition of the Roadway or detour. After any suspension, the Contractor shall resume all responsibilities the Contract assigns for the Work. 1-08.8 Extensions of Time Delete the first and second sentences in the second paragraph of 1-08.8. ' Supplement 1-08.8 by adding the following: Any requests for extensions in Contract Time, whether resulting from Extra Work directed by the City or not, shall be accompanied by an analysis of schedules using the critical path method.This analysis shall include an updated schedule, an as-planned schedule, an as-built schedule, a but- for schedule, and narrative explaining the alleged causes, schedule impacts and all costs related to or arising out of the proposed extension. Any requests for extensions of Contract Time by the Contractor shall be submitted in accordance with these Contract Documents. Extensions of Contract Time will be granted only as provided in the Contract Documents 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 City. Contractor has the burden of clearly and convincingly demonstrating entitlement to any adjustment of Contract Time. If the City 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 1-09.11A REMEDIES, provided that Contractor timely gave Notice pursuant to 1-04.5 NOTICE BY CONTRACTOR, timely submitted a Contract Claim pursuant to 1-09.11(2) CONTRACT CLAIMS and fulfilled the requirements of 1-08.3 PROGRESS SCHEDULE. 1-08.9 Liquidated Damages , Revise the fourth paragraph of 1-08.9 to read as follows: When the Contract Work has progressed to Substantial Completion as defined in the Contract, the Engineer may determine that the work is Substantially Complete. The Engineer will notify the Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring after the date so established, the formula for liquidated damages shown above will not apply. For SEI to SRI Intertie,SR08 Rehab Division 1 -GENERAL REQUIREMENTS WO No.-UP3714 SP-98 I