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American Process Group 2/9/2023
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American Process Group 2/9/2023
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Last modified
2/10/2023 10:40:17 AM
Creation date
2/10/2023 10:31:40 AM
Metadata
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Contracts
Contractor's Name
American Process Group
Approval Date
2/9/2023
Council Approval Date
1/4/2023
Department
Public Works
Department Project Manager
Hanna Lintukorpi
Subject / Project Title
2023 Biosolids Removal
Public Works WO Number
UT3808-2
Tracking Number
0003575
Total Compensation
$709,420.99
Contract Type
Capital Contract
Contract Subtype
Capital Construction Contracts and Change Orders
Retention Period
10 Years Then Transfer to State Archivist
Imported from EPIC
No
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City of Everett 00 7200 - 17 <br /> 2023 Biosolids Removal UT 3808 - 2 <br /> ' installed by Owner. Unless otherwise expressly authorized in writing bythe Owner's Representative,the <br /> P , <br /> Contractor must integrate the schedules with the Schedule of Values and unit price items so that each <br /> ' construction activity is represented by a dollar value. <br /> Float in a Progress Schedule belongs to the Owner. <br /> ' Subcontractors shall review all schedules prior to submission to the Owner and Owner's Representative. <br /> At the Owner's option and sole discretion, Owner may require Contractor to obtain written acceptance of <br /> each schedule by Subcontractors as practical and feasible, as the schedule relates to Subcontractors' work. <br /> ' Contractor shall not schedule any activity with an unrealistic,unduly long, or unduly short duration. <br /> Contractor shall use its best efforts in good faith to set reasonable durations for all activities. Contractor <br /> shall not attempt to"grab the Float"or make any effort to use any Float in the Progress Schedule for the <br /> ' benefit of the Contractor. <br /> Contractor shall submit with each Application for Payment or progress pay estimate an updated Progress <br /> Schedule,but no less often than monthly. If requested by the Owner's Representative or the Owner, <br /> ' Contractor shall prepare and submit updated Progress Schedules from time to time,which may be more <br /> frequent than monthly. <br /> The Contractor hereby expressly agrees and acknowledges that any failure by Contractor to provide <br /> accurate, complete, current and updated schedules with each and every progress pay estimate or <br /> Application for Payment constitutes a waiver of any and all claims or requests for adjustment of Contract <br /> Sum or Time that arise out of,result from, or are caused by, any Delay on the Project or scheduling of the <br /> ' Work. Timely submission of monthly updated schedules is a condition precedent to any later or <br /> subsequent Contract Claim or request for an adjustment of either Contract Sum or Time related to or <br /> arising out of time,an alleged Delay,or the schedule or sequence of Work. Similarly,the parties agree <br /> ' the Owner may withhold progress pay estimates if updated schedules are not timely submitted. These <br /> remedies are cumulative and not exclusive of any other remedy. The Owner's use of one or more of these <br /> remedies does not constitute an election or prevent the Owner from pursuing other remedies for this or <br /> other defaults. <br /> 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 /> 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 /> 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 /> Any 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 /> 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 /> 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 <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 /> ' damages as described in 12.4 REMEDIES,provided that Contractor timely gave Notice pursuant to <br /> ' 00 7200 - 17 GENERAL CONDITIONS <br />
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