Weber Construction Inc 8/28/2019

City of Everett 00 7200-26 Diversion Dam Road Phase 3 UT 3707 & UT 3708 Subcontractors or Suppliers interferes in any way with access to the Owner's property by any ' persons, the Contractor shall promptly and expeditiously take all reasonable actions to eliminate or minimize such interference, including but not limited to: (1) utilizing all reasonable means of restricting any picketing to a single entrance to the Owner's property; (2) posting notices or signs which advise interested persons and labor organizations that a particular entrance to the Owner's property is for the employees of"primary" or, as the case may be, "neutral" employers; (3) policing entrances to ensure that only authorized personnel may use those entrances; (4) ' notifying all interested labor organizations of the "primary" or "neutral" status of particular entrances; and (5) in the event any such picketing or concerted activity is unlawful or has a secondary impact upon the employees of neutral employers, promptly and expeditiously taking appropriate action to seek recourse through the appropriate governmental agency or state or ' federal courts to limit the location of such picketing so as to reduce the impact thereof upon neutral employers. The Owner will cooperate with the Contractor to accomplish the foregoing actions and will render assistance as may be in the best interests of the Owner. However, the Owner shall have the right to direct the Contractor to modify any of the foregoing actions the Contractor has taken or plans to take or to overrule such actions, to designate the entrances to be used as "primary" ' or "neutral" entrances, and to take appropriate legal action in order to protect the Owner's property and interests. In any event, the Contractor shall be liable for all Delays and costs, including costs to the Owner, and actual damages resulting from the relocation, rerouting, ' Delays or actions required to maintain the uninterrupted progress of the Work. Failure by the Contractor to take the actions described above or to comply with the directives of the Owner shall be considered a breach of this Contract and the Owner may terminate the Contract or suspend the Contractor as provided in this Contract. ' 8. MATERIAL, EQUIPMENT, WORKMANSHIP AND CONSTRUCTION UTILITIES 1 8.1. GENERAL Unless otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for materials, labor, tools, Equipment, water, light, power, transportation, supervision, ' and temporary construction of any nature, and other services and facilities of any nature, whatsoever necessary, to execute, complete and deliver the Work within the specified time. Contractor shall be liable for all power and water costs until Substantial Completion, whether ' such power or water is provided by temporary or permanent facilities. Owner shall not be liable for any costs or Delays arising out of or caused by the availability or lack of availability of permanent power or utilities. Material and Equipment shall be new and of the specified quality. ' Equipment offered shall be new or current specified models. This requirement does not apply to minor details, or to thoroughly demonstrated improvements in design or in materials of construction. Construction Work shall be executed in conformity with the standard practice of the trade. ' 8.2. PRODUCT DATA When specified, the Contractor shall provide data required for inspecting, testing, operating, or ' maintaining parts of the Work. Unless otherwise specified, such data shall be provided at the time the referenced material or Equipment is delivered to the job Site. The data shall be as specified and shall include, unless otherwise specified, such items as shop drawings, erection ' drawings, reinforcing steel schedules, testing and adjusting instructions, operations manuals, maintenance procedures, parts lists, and record drawings. Such data shall be provided as part of the Work under this Contract and its acceptability determined by the Owner in its sole discretion. 00 7200 -26 GENERAL CONDITIONS