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McClure and Sons Inc. 5/18/2023
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McClure and Sons Inc. 5/18/2023
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Last modified
5/19/2023 1:20:31 PM
Creation date
5/19/2023 1:10:03 PM
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Contracts
Contractor's Name
McClure and Sons Inc.
Approval Date
5/18/2023
Council Approval Date
4/12/2023
Department
Senior Center
Department Project Manager
John Nottingham
Subject / Project Title
WPCF TFI Bar Screen Upgrades
Public Works WO Number
UP3770
Tracking Number
0003685
Total Compensation
$2,275,712.49
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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I <br /> Section 00 72 00 GENERAL CONDITIONS <br /> Contract. The Contractor may submit a schedule indicating Completion Date earlier than the end of <br /> Contract Time,but Owner cannot guarantee its resources will be available to meet such schedule. Owner <br /> shall not pay or be liable for any additional compensation if the Contractor is not able to meet a schedule <br /> that indicates a Completion Date earlier than the end of Contract Time. <br /> Failure to schedule Owner furnished or installed materials and Equipment for installation on or after its <br /> planned arrival pursuant to the Owner's contract with the supplier or failure to Notify the Owner of tasks <br /> dependent upon the fact or date of arrival of such Owner furnished materials and Equipment, constitute a <br /> waiver by Contractor of any Contract Claim arising out of or related to the timeliness of the furnishing or <br /> installation of such material and Equipment. All schedules must allow for timely incorporation of any <br /> other's work under separate contract with Owner and for timely incorporation of work provided and <br /> installed by Owner. Unless otherwise expressly authorized in writing by the Owner's Representative,the <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 /> 1 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 /> City of Everett 00 72 00-17 February 2023 <br /> WPCF TFI Bar Screen Upgrades <br /> UP3770 <br /> I <br />
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