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I <br /> I <br /> Contractor shall inform itself of the planned activities of other contractors and will coordinate its <br /> 1 work with the other contractors. <br /> C. Contractor shall notify the Owner of problems, interference or any difficulty with other <br /> ' contractors or workers engaged by the Owner. The Notice shall be sufficiently prompt and <br /> specific so as to allow the Owner to mitigate or avoid increased costs, time of performance, <br /> damages or injury. Contractor's failure to provide such Notice in a timely way shall be deemed a <br /> waiver and release of any and all Contract Claims relating to, arising out of, or caused by, any <br /> alleged interference, difficulty or problem with another contractor or worker engaged by the <br /> Owner. <br /> ARTICLE 5 PROGRESS AND COMPLETION <br /> 5.1 Notice to Proceed <br /> 1 A. Following execution of the Contract by the Owner, the Owner or Owner's Representative will <br /> give the Contractor a written Notice to Proceed. Notwithstanding other provisions of the <br /> Contract, the Contractor shall not be obligated to perform Work, and the Owner will not be <br /> obligated to accept or pay for Work performed by the Contractor or be liable for any Delays,prior <br /> to delivery of the Notice to Proceed. The Owner's knowledge of Work being performed prior to <br /> delivery of the Notice to Proceed will not obligate the Owner to accept or pay for such Work. <br /> Contractor waives any and all Contract Claims for an adjustment of Contract Sum and Contract <br /> Time arising out of, or related to, work it performs prior to receipt of the Notice to Proceed. The <br /> Owner may issue partial Notices to Proceed. <br /> 5.2 Contract Time <br /> A. General <br /> 1 1. TIME IS OF THE ESSENCE IN PERFORMING THE CONTRACT. <br /> a. Failure to complete the Project within the contractually specified time may affect other <br /> Projects and Owner activities. Contract Time starts upon the later of the issuance of the <br /> Notice to Proceed or a date specified in the Notice to Proceed. The Contractor shall <br /> promptly start the Work as soon as possible after the date of the Notice to Proceed and <br /> shall prosecute the Work so that the various portions of the Project shall be completed <br /> in accordance with the Contract Time period. Contractor shall perform its work at such <br /> times and in such ways that the Work is not damaged by weather such as wind, rain, or <br /> snow. Contractor shall correct or repair at its sole expense any Work damaged by <br /> weather, irrespective of whether such damage is covered by insurance. No portions of <br /> the Work where acceptable quality will be affected shall be constructed while <br /> unfavorable conditions exist. By bidding on the Project and executing a Contract to <br /> perform the Work, Contractor agrees the contractually required completion dates are <br /> feasible, reasonable, and achievable for the Contract Sum. Contractor represents that it <br /> has considered all factors relevant to its price and achieving the Completion Dates, <br /> including, but not limited to, weather, Site access, labor conditions and the availability <br /> of materials, supplies and Equipment. Compliance with ARTICLE 10. NOTICE TO <br /> OWNER, ARTICLE 12. CONTRACT CLAIMS, and 5.B. Construction Schedule <br /> are conditions precedent to a request for, consideration of, and grant of, any extension <br /> of Contract Time. Failure to request a time extension in the manner and in the time <br /> required by this section, and the Specifications referred to herein, constitutes a waiver <br /> by the Contractor of any and all entitlement to an extension of time and any adjustment <br /> of Contract Sum arising out, or related to, such Delay. <br /> PROCESS WATER PUMP STATION 06/13/2017 <br /> WO-3647 00 72 13 - 21 <br /> I <br />