Merrell Bros Inc. 2/1/2021 - Laserfiche WebLink

City of Everett 00 7200 - 18 2021 Biosolids and Backwash Solids Removal UT 3752-1 / 20 5.2.4. Delays 5.2.4.1 General In the event of a Delay, the Contractor shall take immediate steps to minimize the Delay or avoid further Delay. The Contractor agrees it shall not make any Contract Claim or request for adjustment of Contract Time or Contract Sum based upon Delays for which it did not timely provide Notice to the Owner. 5.2.4.2 Bonuses If the Contract Documents provide the Contractor with a bonus or other incentive for early completion of a milestone or other completion point, Contractor assumes the risk of Delays caused wholly or partially by third parties. Owner shall not pay any bonus that Contractor would have achieved but for any and all Delays caused in whole or in part by a third party. By way of example only, the Contractor bears the risk of utility companies' failure to locate underground utilities accurately and the Contractor bears the risk of timely asking for the marking of the location of underground utilities. 5.3. SUSPENSION PROCEDURES The Owner may, at its convenience and at any time and without cause, suspend all or any part of the Work by notice in writing to the Contractor. The Work shall be resumed by the Contractor within five(5) days after receiving written notice from the Owner to do so. The Contractor will be allowed an increase in the Contract Sum or an extension of Contract Time,or both, directly attributable to any suspension in accordance with the Change Order procedures herein;provided, the Contractor shall not be entitled to an increase to the extent caused by the Contractor and provided that Contract Sum increases and Contract Time extensions for suspension caused by Third Parties or Force Majeure Events are limited as set forth in 12.4.3.4 Third Party Caused Delays and Force Majeure. 5.4. TERMINATION PROCEDURES 5.4.1. Termination by Owner for Default The Owner may terminate the Contract upon written notice to Contractor and its surety whenever the Contractor is deemed to be in default or fails to fulfill, in a timely and proper manner, one or more Contract obligations, or is in violation of any provisions or covenants of the Contract. Termination shall be effective upon receipt of such notice by the Contractor. For purposes of this paragraph,the Contractor shall be deemed to be in default upon the occurrence of any one or more of the following events: 1. If Contractor is bankrupt or insolvent. 2. If Contractor makes a general assignment for the benefit of creditors. 3. If a trustee or receiver is appointed for Contractor, or for any of Contractor's property. 4. If Contractor files a petition to take advantage of any debtor's law, or to reorganize under any bankruptcy chapter or law. 5. If Contractor repeatedly fails to make prompt payments to Subcontractors or others for labor, materials,or Equipment. 6. If Contractor disregards laws, ordinances,rules,regulations, or orders of any public body having jurisdiction. 7. If Contractor disregards the authority of the Owner or Owner's Representative. 8. If Contractor violates in a substantial way the provisions of the Contract Documents or fails, neglects, or refuses to proceed in compliance with the provisions of the Contract Documents. 9. If the Contractor made material misrepresentations to the Owner with respect to: (a)its qualifications or those of its Subcontractors; (b) its or its subcontractors' ability to perform the 00 7200 - 18 GENERAL CONDITIONS