IMCO General Construction 12/13/2022

1 City of Everett 00 72 00 - 18 Water Filter Plant Portal 4 Improvements WO# 3755 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 1 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. I 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. 111 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 remedies does not constitute an election or prevent the Owner from pursuing other remedies for this or other defaults. The Owner's Representative's review of any schedule shall not transfer any of the Contractor's responsibilities to the Owner.The Contractor alone shall remain responsible for adjusting forces, equipment,and work schedules to ensure completion of the Work within the Contract Time. Review by the Owner or Owner's Representative shall not constitute approval or acceptance of the Contractor's construction means,methods,sequencing, logic,order,precedence and succession of activities or Contractor's ability to complete the Work in a timely manner. Any mistakes or errors in any schedule, including,but not limited to,mistakes or errors of logic,order,precedence,and duration,are and remain the Contractor's. The Owner or Owner's Representative may comment upon the schedule. I 00 72 00 - 18 GENERAL CONDITIONS