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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
Metadata
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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 /> narrative explaining the alleged causes, schedule impacts and all costs related to or arising out of the i <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 /> 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 /> 5.2.3. Construction Progress I <br /> The Contractor shall furnish all labor,materials,facilities and Equipment necessary to insure the <br /> 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 /> 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 /> or the amount of Equipment,or any combination of the foregoing. <br /> 3. Reschedule activities. <br /> 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 /> 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 /> 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 /> in conformance with the construction schedule. <br /> 5.2.4. Delays <br /> 5.2.4.1 General <br /> In the event of a Delay,the Contractor shall take immediate steps to minimize the Delay or avoid further I <br /> Delay. The Contractor agrees it shall not make any Contract Claim or request for adjustment of Contract <br /> Time or Contract Sum based upon Delays for which it did not timely provide Notice to the Owner. <br /> 5.2.4.2 Bonuses111 <br /> If the Contract Documents provide the Contractor with a bonus or other incentive for early completion of <br /> a milestone or other completion point,Contractor assumes the risk of Delays caused wholly or partially <br /> by third parties. Owner shall not pay any bonus that Contractor would have achieved but for any and all <br /> Delays caused in whole or in part by a third party. By way of example only,the Contractor bears the risk <br /> of utility companies' failure to locate underground utilities accurately and the Contractor bears the risk of <br /> timely asking for the marking of the location of underground utilities. I <br /> City of Everett 00 72 00-18 February 2023 <br /> WPCF TFI Bar Screen Upgrades <br /> UP3770 <br />
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