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CITY OF EVERETT SPECIAL PROVISIONS <br />3rd Ave Water Quality Facility Division 1 – GENERAL REQUIREMENTS September 20, 2024 <br />WO No – UP3775 SP – 96 <br />Costs incurred in performance of this Work shall be included in the contract bid <br />items and no direct compensation shall be paid. <br />1-08.4 Prosecution of Work <br />Delete 1-08.4 and substitute the following: <br />1-08.4 Notice to Proceed and Prosecution of Work <br />(******) <br />The City will issue a Notice to Proceed after the Contract has been executed and the Contract <br />Bonds and evidence of insurance have been approved and filed by the City. The Contractor <br />shall not commence with the Work until the Notice to Proceed has been given by the City. <br />The Contractor shall commence construction activities on the Project site within 14 calendar <br />days of the Notice to Proceed Date, unless otherwise approved in writing. The Contractor <br />shall diligently pursue the Work to the Physical Completion Date within the time specified in <br />the Contract. Voluntary shutdown or slowing of operations by the Contractor shall not relieve <br />the Contractor of the responsibility to complete the Work within the time(s) specified in the <br />Contract. <br />The City is not obligated to accept or pay for Work performed by the Contractor or be liable <br />for any Delays, prior to delivery of the Notice to Proceed. The City’s knowledge of Work <br />being performed prior to delivery of the Notice to Proceed will not obligate the City to accept <br />or pay for such Work. Contractor waives any and all Contract Claims for an adjustment of <br />Contract Sum or Contract Time arising out of, or related to, Work it performs prior to receipt <br />of the Notice to Proceed. <br />The City may issue partial Notices to Proceed. Contractor may seek permission in writing to <br />perform some Work prior to issuance to the Notice to Proceed, such as shop drawings, <br />equipment and material Submittals, or surveying and the City or City’s Representative may, <br />in its sole discretion, approve in writing such Work prior to the issuance of the Notice to <br />Proceed. <br />Supplement 1-08.4 by adding the following: <br />1-08.4(1) Construction Progress <br />(******) <br />The Contractor shall furnish all labor, materials, facilities and Equipment necessary to <br />ensure the prosecution and completion of the Project within the interim milestones, <br />Substantial Completion, Physical Completion and Completion Dates of the Contract. If <br />Work falls seven calendar days or more behind the reviewed Preliminary Schedule, the <br />Contractor agrees that, at its sole cost and expense, it will take all actions necessary to <br />return the Project to the accepted schedule. These actions may include the following: <br />a. Increase labor in quantities and crafts. <br />b. Increase the number of working hours per shift, shifts per working day, <br />working days per week, or the amount of Equipment, or any combination of <br />the foregoing. <br />c. Reschedule activities. <br />If requested by the City’s Representative, the Contractor shall prepare a proposed <br />schedule revision demonstrating a plan to make up the lag in progress and insure <br />completion of the Work within the Contract Time. All actions taken to return the Project <br />to the accepted schedule are at the Contractor's expense. <br />The Contractor shall pay all costs incurred by the City that result from the Contractor's <br />action to return the Project to its accepted schedule, including, but not limited to, <br />additional, overtime, or third party inspection, design and construction management <br />service costs. Contractor agrees that City shall deduct such charges from payments