Weber Construction Inc 8/28/2019

1 ' City of Everett 00 7200- 16 Diversion Dam Road Phase 3 UT 3707 & UT 3708 ' 5. PROGRESS AND COMPLETION 5.1. NOTICE TO PROCEED ' Following execution of the Contract by the Owner, the Owner or Owner's Representative will give the Contractor a written Notice to Proceed. Notwithstanding other provisions of the Contract, the Contractor shall not be obligated to perform Work, and the Owner will not be obligated to accept or pay for Work performed by the Contractor or be liable for any Delays, ' prior to delivery of the Notice to Proceed. The Owner's knowledge of Work being performed prior to delivery of the Notice to Proceed will not obligate the Owner to accept or pay for such Work. Contractor waives any and all Contract Claims for an adjustment of Contract Sum and ' Contract Time arising out of, or related to, work it performs prior to receipt of the Notice to Proceed. The Owner may issue partial Notices to Proceed. 5.2. CONTRACT TIME ' 5.2.1. General TIME IS OF THE ESSENCE IN PERFORMING THE CONTRACT. Failure to complete the ' Project within the contractually specified time may affect other Projects and Owner activities. Contract Time starts upon the later of the issuance of the Notice to Proceed or a date specified in the Notice to Proceed. The Contractor shall promptly start the Work as soon as possible after ' the date of the Notice to Proceed and shall prosecute the Work so that the various portions of the Project shall be completed in accordance with the Contract Time period. Contractor shall perform its work at such times and in such ways that the Work is not damaged by weather such as wind, rain, or snow. Contractor shall correct or repair at its sole expense any Work damaged ' by weather, irrespective of whether such damage is covered by insurance. No portions of the Work where acceptable quality will be affected shall be constructed while unfavorable conditions exist. By bidding on the Project and executing a Contract to perform the Work, Contractor ' agrees the contractually required completion dates are feasible, reasonable, and achievable for the Contract Sum. Contractor represents that it has considered all factors relevant to its price and achieving the Completion Dates, including, but not limited to, weather, Site access, labor ' conditions and the availability of materials, supplies and Equipment. Compliance with ARTICLE 10. NOTICE TO OWNER, ARTICLE 12. CONTRACT CLAIMS, and 5.2.2. Construction Schedule are conditions precedent to a request for, consideration of, and grant of, any extension of Contract Time. Failure to request a time extension in the manner and in the time required by this section, and the Specifications referred to herein, constitutes a waiver by the Contractor of any and all entitlement to an extension of time and any adjustment of Contract Sum arising out, or related to, such Delay. 1 5.2.2. Construction Schedule 5.2.2.1 General ' 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 Owner 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 Owner cannot guarantee its resources will be ' available to meet such schedule. Owner 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 Owner furnished or installed materials and Equipment for installation on or after its planned arrival pursuant to the Owner's contract with the supplier or failure to Notify the 00 7200- 16 GENERAL CONDITIONS