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City of Everett 00 7200 - 19 <br /> <br /> <br />General Conditions <br />007200-19 202082-10 May 2024 <br />pw://Carollo/Documents/WA/Everett/202082-100000/04 Design/04 Specs/Carollo/007200 (FS-100) <br /> <br />constitute an election or prevent the Owner from pursuing other remedies for this or other <br />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 <br />forces, equipment, and work schedules to ensure completion of the Work within the Contract <br />Time. Review by the Owner or Owner’s Representative shall not constitute approval or <br />acceptance of the Contractor's construction means, methods, sequencing, logic, order, <br />precedence and succession of activities or Contractor’s ability to complete the Work in a timely <br />manner. Any mistakes or errors in any schedule, including, but not limited to, mistakes or errors <br />of logic, order, precedence, and duration, are and remain the Contractor's. The Owner or <br />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 <br />Owner or not, shall be accompanied by an analysis of schedules using the critical path method. <br />This analysis shall include an updated schedule, an as-planned schedule, an as-built schedule, <br />a but-for schedule, and narrative explaining the alleged causes, schedule impacts and all costs <br />related to or arising out of the proposed extension. Any requests for extensions of Contract <br />Time by the Contractor shall be submitted in accordance with these General Conditions. <br />Extensions of Contract Time will be granted only as provided in the General Conditions and to <br />the extent that affected critical activities exceed the Total Float time along the affected paths of <br />the reviewed Preliminary Schedule at the time the change was authorized in writing by the <br />Owner. Contractor has the burden of clearly and convincingly demonstrating entitlement to any <br />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 <br />other damages as described in 12.4 REMEDIES, provided that Contractor timely gave Notice <br />pursuant to ARTICLE 10. NOTICE TO OWNER, timely submitted a Contract Claim pursuant to <br />ARTICLE 12. CONTRACT CLAIMS and fulfilled the requirements of 5.2.2. Construction <br />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, <br />Physical Completion and Completion Dates of the Contract. If Work falls seven (7) days or more <br />behind the reviewed Preliminary Schedule, the Contractor agrees that, at its sole cost and <br />expense, it will take all actions necessary to return the Project to the accepted schedule. These <br />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 <br />week, 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 <br />revision demonstrating a plan to make up the lag in progress and insure completion of the Work <br />within the Contract Time. All actions taken to return the Project to the accepted schedule are at <br />the Contractor's expense. <br />The Contractor shall pay all costs incurred by the Owner that result from the Contractor's action <br />to return the Project to its accepted schedule, including, but not limited to, additional, overtime,