Earthworks Solutions, LLC 5/3/2024

CITY OF EVERETT SPECIAL PROVISIONS Water Main Replacement “Y” – Ph 1 Div 1 – GENERAL REQMTS March 2024 Work Order No. UP 3814 SP-106 any other's work under separate contract with City and for timely incorporation of any work provided and installed by City. Unless otherwise expressly authorized in writing by the City’s Representative, the Contractor shall 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 City. Subcontractors shall review all schedules prior to submission to the City and City’s Representative. At the City’s option and sole discretion, City 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 an effort to use Float in the Progress Schedule for the benefit of the Contractor, rather than the benefit of the Project. Contractor shall use its best efforts in good faith to minimize dependencies, minimize the number of critical paths, and schedule the Project to be complete as expeditiously as reasonably possible. 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 City’s Representative or the City, Contractor shall prepare and submit updated progress schedules from time to time that 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 at least monthly 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 updated schedules at least monthly 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 City may withhold progress pay estimates if updated schedules are not timely submitted monthly. These remedies are cumulative and not exclusive of other remedy. The City’s use of one or more of these remedies does not constitute an election or prevent the City from pursuing other remedies for this or other defaults. No later than the pre-construction conference, Contractor shall submit a preliminary schedule (“Preliminary Schedule”) for the entire Work to City’s Representative and City. Contractor shall prepare such schedule in consultation with its Subcontractors. 1-08.3(2) Project Schedule Types Delete 1-08.3(2), including its subsections, and substitute the following: 1-08.3(2) Project Schedule Requirements For Contracts Exceeding $500,000 (******) 1-08.3(2)A Scheduler Contractor represents and warrants that it employs, or will engage prior to preparation of the Preliminary Schedule, a qualified scheduler. A "qualified scheduler" is a person who has at least five years of full time, construction project scheduling experience, who is familiar, competent and professional in creating, maintaining and updating time scaled and resource loaded critical path schedules. Contractor shall submit to the City the name, address, and qualifications of the qualified scheduler to the City for approval no later than the pre-construction conference.