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City of Everett 00 7200 - 18 <br />2024 WPCF Biosolids Removal UT 3826-2 <br /> <br /> <br />00 7200 - 18 GENERAL CONDITIONS <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 <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 <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 Bonuses <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. <br />5.3. SUSPENSION PROCEDURES <br />The Owner may, at its convenience and at any time and without cause, suspend all or any part of the <br />Work by notice in writing to the Contractor. The Work shall be resumed by the Contractor within five (5) <br />days after receiving written notice from the Owner to do so. The Contractor will be allowed an increase <br />in the Contract Sum or an extension of Contract Time, or both, directly attributable to any suspension in <br />accordance with the Change Order procedures herein; provided, (1) the Contractor shall not be entitled to <br />any increase to the extent caused by the Contractor and (2) Contract Sum increases and Contract Time <br />extensions for suspension caused by Third Parties or Force Majeure Events are limited as set forth in <br />12.4.3.4 Third Party Caused Delays and Force Majeure.