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1 <br /> ARTICLE 5 PROGRESS AND COMPLETION <br /> A. NOTICE TO PROCEED <br /> A. Following execution of the Contract by the Owner, the Owner or Owner's Representative will give the <br /> Contractor a written Notice to Proceed. Notwithstanding other provisions of the Contract, the Contractor <br /> shall not be obligated to perform Work, and the Owner will not be obligated to accept or pay for Work <br /> performed by the Contractor or be liable for any Delays, prior to delivery of the Notice to Proceed. The <br /> Owner's knowledge of Work being performed prior to delivery of the Notice to Proceed will not obligate <br /> the Owner to accept or pay for such Work. Contractor waives any and all Contract Claims for an <br /> adjustment of Contract Sum and Contract Time arising out of, or related to, work it performs prior to <br /> receipt of the Notice to Proceed. The Owner may issue partial Notices to Proceed. <br /> B. CONTRACT TIME ' <br /> A. General <br /> 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 Projects <br /> and Owner activities. Contract Time starts upon the later of the issuance of the Notice to Proceed <br /> or a date specified in the Notice to Proceed. The Contractor shall promptly start the Work as <br /> soon as possible after the date of the Notice to Proceed and shall prosecute the Work so that the <br /> various portions of the Project shall be completed in accordance with the Contract Time period. <br /> Contractor shall perform its work at such times and in such ways that the Work is not damaged <br /> by weather such as wind, rain, or snow. Contractor shall correct or repair at its sole expense any <br /> Work damaged by weather, irrespective of whether such damage is covered by insurance. No <br /> portions of 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 perform the <br /> Work, Contractor agrees the contractually required completion dates are feasible, reasonable, <br /> and achievable for the Contract Sum. Contractor represents that it has considered all factors <br /> relevant to its price and achieving the Completion Dates, including, but not limited to, weather, <br /> Site access, labor conditions and the availability of materials, supplies and Equipment. <br /> Compliance with ARTICLE 10. NOTICE TO OWNER, ARTICLE 12. CONTRACT <br /> CLAIMS, and 5.B. Construction Schedule are conditions precedent to a request for, <br /> consideration of, and grant of, any extension of Contract Time. Failure to request a time <br /> extension in the manner and in the time required by this section, and the Specifications referred <br /> to herein, constitutes a waiver by the Contractor of any and all entitlement to an extension of <br /> time and any adjustment of Contract Sum arising out, or related to, such Delay. <br /> B. Construction Schedule <br /> 1. General <br /> a. Contractor shall submit, update and maintain schedules as required by the Contract Documents. <br /> 1) See Section 01 32 16. <br /> b. The Contractor shall provide sufficient material, equipment, and labor to meet the interim <br /> milestones, Substantial Completion, Physical Completion and Completion Dates provided by the <br /> Contract Documents. The Owner allocates its resources to a Contract based on the total time <br /> allowed in the Contract. The Contractor may submit a schedule indicating Completion Date <br /> earlier than the end of Contract Time, but Owner cannot guarantee its resources will be available <br /> to meet such schedule. Owner shall not pay or be liable for any additional compensation if the <br /> Contractor is not able to meet a schedule that indicates a Completion Date earlier than the end of <br /> Contract Time. <br /> 10023829 City of Everett Public Works July 2018 <br /> WPCF FEN Chlorination Building Upgrade Work Order 3614 <br /> GENERAL.CONDITIONS <br /> 00 72 13-20 Issue for Bid <br />