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City of Everett 00 72 00 - 18 <br />Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 <br /> <br /> <br />00 72 00 - 18 GENERAL CONDITIONS <br />Failure to schedule Owner furnished or installed materials and Equipment for installation on or after its <br />planned arrival pursuant to the Owner’s contract with the supplier or failure to Notify the Owner of tasks <br />dependent upon the fact or date of arrival of such Owner furnished materials and Equipment, constitute a <br />waiver by Contractor of any Contract Claim arising out of or related to the timeliness of the furnishing or <br />installation of such material and Equipment. All schedules must allow for timely incorporation of any <br />other's work under separate contract with Owner and for timely incorporation of work provided and <br />installed by Owner. Unless otherwise expressly authorized in writing by the Owner’s Representative, the <br />Contractor must integrate the schedules with the Schedule of Values and unit price items so that each <br />construction activity is represented by a dollar value. <br />Float in a Progress Schedule belongs to the Owner. Float is defined as the number of days by which a <br />Work activity identified in the Schedule could be delayed from its "early start date" until the date upon <br />which the Work activity would become a Critical Path Activity. Any float (other than Owner Controlled <br />Float), slack time, or contingency within the Schedules (i.e., the difference in time between the Contract's <br />early completion date and the Contract Milestone(s)) is not for the exclusive use of either the Owner or <br />the Contractor, but is jointly owned by both and is a resource available to and shared by both parties as <br />needed to meet Contract Milestones. Use of such jointly owned float shall be on a first come, first served <br />basis and may be applied to delays caused (without limitation) by unmarked utility interferences or third <br />parties. <br />The Contractor shall not sequester shared float through such strategies as extending activity duration <br />estimates to consume available float, using preferential logic, or using extensive crew/resource <br />sequencing, etc. Since float time, other than Owner Controlled Float, within the schedule is jointly <br />owned, no time extensions will be granted nor delay damages paid until a delay occurs which extends the <br />work beyond the Contract Milestone(s). Since float time within the Schedule is jointly owned, it is <br />acknowledged that Owner-caused delays on the Contract may be offset by Owner-caused time- savings. <br />In such an event, the Contractor shall not be entitled to receive a time extension or delay damages until all <br />Owner-caused time-savings are exceeded. The Contractor shall have no right to Owner Controlled Float <br />and no right for additional compensation of any kind for the Owner’s use of this float. Contractor’s costs <br />and time for the Owner Controlled Float shall be included in the Contractor’s proposal price and <br />Schedule. In the event the Owner does not use all of its controlled float, there will be no reduction in the <br />Contract Price at the completion of the Work. <br />The Progress Schedule shall include an activity titled “Owner Controlled Float” as the last and only <br />activity immediately before Substantial Completion. The “Owner Controlled Float” activity shall have a <br />duration of Thirty (30) days. <br />Subcontractors shall review all schedules prior to submission to the Owner and Owner’s Representative. <br />At the Owner’s option and sole discretion, Owner may require Contractor to obtain written acceptance of <br />each schedule by Subcontractors as practical and feasible, as the schedule relates to Subcontractors’ work. <br />Contractor shall not schedule any activity with an unrealistic, unduly long, or unduly short duration. <br />Contractor shall use its best efforts in good faith to set reasonable durations for all activities. Contractor <br />shall not attempt to “grab the Float” or make any effort to use any Float in the Progress Schedule for the <br />benefit of the Contractor. <br />Contractor shall submit with each Application for Payment or progress pay estimate an updated Progress <br />Schedule, but no less often than monthly. If requested by the Owner’s Representative or the Owner, <br />Contractor shall prepare and submit updated Progress Schedules from time to time, which may be more <br />frequent than monthly.