American Process Group 3/30/2022

City of Everett 00 7200 - 19 2022 Biosolids Removal and Disposal UT 3752-30 5.3. SUSPENSION PROCEDURES 1 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, (1)the Contractor shall not be entitled to any increase to the extent caused by the Contractor and(2)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 Work in a timely,workmanlike manner; (c) the materials installed or to be installed; or(d) progress pay estimates. ' 10. If Contractor fails to supply sufficient skilled workers or suitable materials or equipment. 11. If Contractor refuses or fails to prosecute the Work with such diligence as will ensure its Physical Completion within the original Physical Completion time and any extensions of time which may ' have been granted to the Contractor by change order or otherwise. 12. If Contractor performs Work which deviates from the Contract, and neglects or refuses to correct rejected Work. t13. If Contractor otherwise violates in any material way any provisions or requirements of the Contract. After termination of the Contractor for default,the Owner may transfer performance of the Work to the Contractor's surety. The Owner may exclude the Contractor from the Site and take possession of the 00 7200 - 19 GENERAL CONDITIONS