Rodarte Construction Inc 2/14/2018

I CITY OF EVERETT PUBLIC WORKS 00 72 13 ' SPECIAL PROVISIONS GENERAL CONDITIONS of the Work within the Contract Time. Review by the Owner or Owner's Representative shall not constitute approval or acceptance of the Contractor's construction means, methods, sequencing, logic, order, precedence and succession of activities or Contractor's ability to complete the Work in a timely manner. Any mistakes or errors in any schedule, including, but not limited to, mistakes or errors of logic, order, precedence, and duration, are and remain the Contractor's. The Owner or Owner's Representative may comment upon the schedule. C. Extensions of Contract Time 1. Any requests for extensions in Contract Time, whether resulting from Extra Work directed by the Owner or not, shall be accompanied by an analysis of schedules using the critical path ' method. This analysis shall include an updated schedule, an as-planned schedule, an as-built schedule, a but-for schedule, and narrative explaining the alleged causes, schedule impacts and all costs related to or arising out of the proposed extension. Any requests for extensions of Contract Time by the Contractor shall be submitted in accordance with these General Conditions. Extensions of Contract Time will be granted only as provided in the General Conditions and to the extent that affected critical activities exceed the Total Float time along ' the affected paths of the reviewed Preliminary Schedule at the time the change was authorized in writing by the Owner. Contractor has the burden of clearly and convincingly demonstrating entitlement to any adjustment of Contract Time. 2. If the Owner is solely responsible for any Delay to Substantial Completion, Physical Completion, Completion Date, or Final Acceptance, the Contractor shall only be entitled to compensation or other damages as described in 12.4 Remedies, provided that Contractor timely gave Notice pursuant to ARTICLE 10. NOTICE TO OWNER, timely submitted a Contract Claim pursuant to ARTICLE 12. CONTRACT CLAIMS and fulfilled the requirements of 5.B. Construction Schedule. ' D. Construction Progress 1. The Contractor shall furnish all labor,materials, facilities and Equipment necessary to insure the prosecution and completion of the Project within the interim milestones, Substantial Completion, Physical Completion and Completion Dates of the Contract. If Work falls seven (7) days or more behind the reviewed Preliminary Schedule, the Contractor agrees that, at its sole cost and expense, it will take all actions necessary to return the Project to the accepted schedule. These actions may include the following: a. Increase labor in quantities and crafts. b. Increase the number of working hours per shift, shifts per working day, working days per week, or the amount of Equipment,or any combination of the foregoing. c. Reschedule activities. 2. If requested by the Owner's Representative, the Contractor shall prepare a proposed schedule revision demonstrating a plan to make up the lag in progress and insure completion of the Work within the Contract Time. All actions taken to return the Project to the accepted schedule are at the Contractor's expense. ' 3. The Contractor shall pay all costs incurred by the Owner that result from the Contractor's action to return the Project to its accepted schedule, including, but not limited to, additional, overtime, or third party inspection, design and construction management service costs. ' Contractor agrees that Owner shall deduct such charges from payments due the Contractor. It is further understood and agreed that none of the services performed by the Owner's Representative in monitoring, reviewing and reporting Project status and progress shall Legion Golf Course Stormwater Detention Project November 28, 2017 ' WO#UP3620 00 72 13 -23