Blue Mountain Construction Group, LLC 11/19/2024

CITY OF EVERETT SPECIAL PROVISIONS 3rd Ave Water Quality Facility Division 1 – GENERAL REQUIREMENTS September 20, 2024 WO No – UP3775 SP – 92 be construed as approval or ratification, nor shall the Contractor incorporate or change its schedule as a result of City or City’s Representative comments in the absence of an express written directive to that effect. Contractor shall submit, update and maintain schedules as required by the Contract Documents. The Contractor shall provide sufficient material, equipment, and labor to meet the interim milestones, Substantial Completion, Physical Completion and Completion Dates provided by the Contract Documents. The City allocates its resources to a Contract based on the total time allowed in the Contract. The Contractor may submit a schedule indicating Completion Date earlier than the end of Contract Time, but City cannot guarantee its resources will be available to meet such schedule. City shall not pay or be liable for any additional compensation if the Contractor is not able to meet a schedule that indicates a Completion Date earlier than the end of Contract Time. Failure to schedule City furnished or installed materials and Equipment for installation on or after its planned arrival pursuant to the City’s Contract with the supplier or failure to notify the City in writing of tasks dependent upon the fact or date of arrival of such City furnished materials and Equipment, constitute a waiver by Contractor of any Contract Claim arising out of or related to the timeliness of the furnishing or installation of such material and Equipment. All schedules shall allow for timely incorporation of 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