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City of Everett 00 72 00 - 17
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<br />00 72 00 - 17 GENERAL CONDITIONS
<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.
<br />The Contractor hereby expressly agrees and acknowledges that any failure by Contractor to provide
<br />accurate, complete, current and updated schedules with each and every progress pay estimate or
<br />Application for Payment constitutes a waiver of any and all claims or requests for adjustment of Contract
<br />Sum or Time that arise out of, result from, or are caused by, any Delay on the Project or scheduling of the
<br />Work. Timely submission of monthly updated schedules is a condition precedent to any later or
<br />subsequent Contract Claim or request for an adjustment of either Contract Sum or Time related to or
<br />arising out of time, an alleged Delay, or the schedule or sequence of Work. Similarly, the parties agree
<br />the Owner may withhold progress pay estimates if updated schedules are not timely submitted. These
<br />remedies are cumulative and not exclusive of any other remedy. The Owner’s use of one or more of these
<br />remedies does not constitute an election or prevent the Owner from pursuing other remedies for this or
<br />other 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 forces,
<br />equipment, and work schedules to ensure completion of the Work within the Contract Time. Review by
<br />the Owner or Owner’s Representative shall not constitute approval or acceptance of the Contractor's
<br />construction means, methods, sequencing, logic, order, precedence and succession of activities or
<br />Contractor’s ability to complete the Work in a timely manner. Any mistakes or errors in any schedule,
<br />including, but not limited to, mistakes or errors of logic, order, precedence, and duration, are and remain
<br />the Contractor's. The Owner or 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 Owner
<br />or not, shall be accompanied by an analysis of schedules using the critical path method. This analysis
<br />shall include an updated schedule, an as-planned schedule, an as-built schedule, a but-for schedule, and
<br />narrative explaining the alleged causes, schedule impacts and all costs related to or arising out of the
<br />proposed extension. Any requests for extensions of Contract Time by the Contractor shall be submitted in
<br />accordance with these General Conditions. Extensions of Contract Time will be granted only as provided
<br />in the General Conditions and to the extent that affected critical activities exceed the Total Float time
<br />along the affected paths of the reviewed Preliminary Schedule at the time the change was authorized in
<br />writing by the Owner. Contractor has the burden of clearly and convincingly demonstrating entitlement
<br />to any 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 other
<br />damages as described in 12.4 REMEDIES, provided that Contractor timely gave Notice pursuant to
<br />ARTICLE 10. NOTICE TO OWNER, timely submitted a Contract Claim pursuant to ARTICLE 12.
<br />CONTRACT CLAIMS and fulfilled the requirements of 5.2.2. Construction 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, Physical
<br />Completion and Completion Dates of the Contract. If Work falls seven (7) days or more behind the
<br />reviewed Preliminary Schedule, the Contractor agrees that, at its sole cost and expense, it will take all
<br />actions necessary to return the Project to the accepted schedule. These 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 week,
<br />or the amount of Equipment, or any combination of the foregoing.
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