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1 <br /> City of Everett 00 72 00 - 20 <br /> Water Filter Plant Portal 4 Improvements WO# 3755 <br /> 5.2.4.2 Bonuses <br /> If the Contract Documents provide the Contractor with a bonus or other incentive for early completion of <br /> a milestone or other completion point,Contractor assumes the risk of Delays caused wholly or partially <br /> by third parties. Owner shall not pay any bonus that Contractor would have achieved but for any and all <br /> Delays caused in whole or in part by a third party.By way of example only,the Contractor bears the risk <br /> of utility companies' failure to locate underground utilities accurately and the Contractor bears the risk of <br /> timely asking for the marking of the location of underground utilities. <br /> 5.3. SUSPENSION PROCEDURES <br /> The Owner may,at its convenience and at any time and without cause,suspend all or any part of the <br /> Work by notice in writing to the Contractor. The Work shall be resumed by the Contractor within five(5) <br /> days after receiving written notice from the Owner to do so. The Contractor will be allowed an increase <br /> in the Contract Sum or an extension of Contract Time,or both,directly attributable to any suspension in <br /> accordance with the Change Order procedures herein;provided,(1)the Contractor shall not be entitled to <br /> any increase to the extent caused by the Contractor and(2)Contract Sum increases and Contract Time <br /> extensions for suspension caused by Third Parties or Force Majeure Events are limited as set forth in <br /> 12.4.3.4 Third Party Caused Delays and Force Majeure. <br /> 5.4. TERMINATION PROCEDURES I <br /> 5.4.1. Termination by Owner for Default <br /> The Owner may terminate the Contract upon written notice to Contractor and its surety whenever the <br /> Contractor is deemed to be in default or fails to fulfill,in a timely and proper manner,one or more <br /> Contract obligations,or is in violation of any provisions or covenants of the Contract. Termination shall <br /> be effective upon receipt of such notice by the Contractor. <br /> For purposes of this paragraph,the Contractor shall be deemed to be in default upon the occurrence of <br /> any one or more of the following events: <br /> 1. If Contractor is bankrupt or insolvent. <br /> 2. If Contractor makes a general assignment for the benefit of creditors. <br /> 3. If a trustee or receiver is appointed for Contractor,or for any of Contractor's property. <br /> 4. If Contractor files a petition to take advantage of any debtor's law,or to reorganize under any <br /> bankruptcy chapter or law. <br /> 5. If Contractor repeatedly fails to make prompt payments to Subcontractors or others for labor, <br /> materials,or Equipment. <br /> 6. If Contractor disregards laws,ordinances,rules,regulations,or orders of any public body having <br /> jurisdiction. <br /> 7. If Contractor disregards the authority of the Owner or Owner's Representative. <br /> 8. If Contractor violates in a substantial way the provisions of the Contract Documents or fails, <br /> neglects,or refuses to proceed in compliance with the provisions of the Contract Documents. <br /> 9. If the Contractor made material misrepresentations to the Owner with respect to: (a)its <br /> qualifications or those of its Subcontractors;(b)its or its subcontractors' ability to perform the <br /> Work in a timely,workmanlike manner;(c)the materials installed or to be installed;or(d) <br /> progress pay estimates. <br /> 10. If Contractor fails to supply sufficient skilled workers or suitable materials or equipment. <br /> 11. If Contractor refuses or fails to prosecute the Work with such diligence as will ensure its Physical <br /> Completion within the original Physical Completion time and any extensions of time which may <br /> have been granted to the Contractor by change order or otherwise. <br /> 00 72 00 - 20 GENERAL CONDITIONS <br />