American Process Group Inc 7/9/2019

City of Everett 00 7200 - 15 2019 Biosolids Removal UT3705-2 contractors and their employees, reasonable facilities and cooperation and shall arrange its work and dispose of its materials in such a manner as to not interfere with the activities of the Owner or of others upon the Site of Work. The Contractor shall promptly make good any Contractor-caused injury or damage to persons or property that may be sustained by other contractors or employees of the Owner. The Contractor shall join its work to that of others and perform its work in proper sequence in relation to that of others. If requested by the Contractor,the Owner will arrange meetings with other contractors performing work on behalf of the Owner to plan coordination of construction activities. The Contractor shall inform itself of the planned activities of other contractors and will coordinate its work with the other contractors. Contractor shall notify the Owner of problems, interference or any difficulty with other contractors or workers engaged by the Owner. The Notice shall be sufficiently prompt and specific so as to allow the Owner to mitigate or avoid increased costs,time of performance, damages or injury. Contractor's failure to provide such Notice in a timely way shall be deemed a waiver and release of any and all Contract Claims relating to,arising out of, or caused by, any alleged interference, difficulty or problem with another contractor or worker engaged by the Owner. 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 1 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 l 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 I 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 1 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. 00 7200 - 15 GENERAL CONDITIONS