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City of Everett 00 72 00 - 16 <br /> <br /> <br /> <br />00 72 00 - 16 GENERAL CONDITIONS <br />5.2. CONTRACT TIME <br />5.2.1. General <br />TIME IS OF THE ESSENCE IN PERFORMING THE CONTRACT. Failure to complete the <br />Project within the contractually specified time may affect other Projects and Owner activities. Contract <br />Time starts upon the later of the issuance of the Notice to Proceed or a date specified in the Notice to <br />Proceed. The Contractor shall promptly start the Work as soon as possible after the date of the Notice to <br />Proceed and shall prosecute the Work so that the various portions of the Project shall be completed in <br />accordance with the Contract Time period. Contractor shall perform its work at such times and in such <br />ways that the Work is not damaged by weather such as wind, rain, or snow. Contractor shall correct or <br />repair at its sole expense any Work damaged by weather, irrespective of whether such damage is covered <br />by insurance. No portions of the Work where acceptable quality will be affected shall be constructed <br />while unfavorable conditions exist. By bidding on the Project and executing a Contract to perform the <br />Work, Contractor agrees the contractually required completion dates are feasible, reasonable, and <br />achievable for the Contract Sum. Contractor represents that it has considered all factors relevant to its <br />price and achieving the Completion Dates, including, but not limited to, weather, Site access, labor <br />conditions and the availability of materials, supplies and Equipment. Compliance with ARTICLE 10. <br />NOTICE TO OWNER, ARTICLE 12. CONTRACT CLAIMS, and 5.2.2. Construction Schedule <br />are conditions precedent to a request for, consideration of, and grant of, any extension of Contract Time. <br />Failure to request a time extension in the manner and in the time required by this section, and the <br />Specifications referred to herein, constitutes a waiver by the Contractor of any and all entitlement to an <br />extension of time and any adjustment of Contract Sum arising out, or related to, such Delay. <br />5.2.2. Construction Schedule <br />5.2.2.1 General <br />Contractor shall submit, update and maintain schedules as required by the Contract Documents. <br />The Contractor shall provide sufficient material, equipment, and labor to meet the interim milestones, <br />Substantial Completion, Physical Completion and Completion Dates provided by the Contract <br />Documents. The Owner allocates its resources to a Contract based on the total time allowed in the <br />Contract. The Contractor may submit a schedule indicating Completion Date earlier than the end of <br />Contract Time, but Owner cannot guarantee its resources will be available to meet such schedule. Owner <br />shall not pay or be liable for any additional compensation if the Contractor is not able to meet a schedule <br />that indicates a Completion Date earlier than the end of Contract Time. <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. <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.