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City of Everett 00 7200 - 20 <br /> <br /> <br />General Conditions <br />007200-20 202082-10 May 2024 <br />pw://Carollo/Documents/WA/Everett/202082-100000/04 Design/04 Specs/Carollo/007200 (FS-100) <br /> <br />or third party inspection, design and construction management service costs. Contractor agrees <br />that Owner shall deduct such charges from payments due the Contractor. It is further <br />understood and agreed that none of the services performed by the Owner’s Representative in <br />monitoring, reviewing and reporting Project status and progress shall relieve the Contractor of <br />responsibility for planning and managing construction Work in conformance with the <br />construction schedule. <br />5.2.4. Delays <br />5.2.4.1 General <br />In the event of a Delay, the Contractor shall take immediate steps to minimize the Delay or <br />avoid further Delay. The Contractor agrees it shall not make any Contract Claim or request for <br />adjustment of Contract Time or Contract Sum based upon Delays for which it did not timely <br />provide Notice to the Owner. <br />5.2.4.2 Bonuses <br />If the Contract Documents provide the Contractor with a bonus or other incentive for early <br />completion of a milestone or other completion point, Contractor assumes the risk of Delays <br />caused wholly or partially by third parties. Owner shall not pay any bonus that Contractor would <br />have achieved but for any and all Delays caused in whole or in part by a third party. By way of <br />example only, the Contractor bears the risk of utility companies’ failure to locate underground <br />utilities accurately and the Contractor bears the risk of timely asking for the marking of the <br />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 <br />of the Work by notice in writing to the Contractor. The Work shall be resumed by the Contractor <br />within five (5) days after receiving written notice from the Owner to do so. The Contractor will be <br />allowed an increase in the Contract Sum or an extension of Contract Time, or both, directly <br />attributable to any suspension in accordance with the Change Order procedures herein; <br />provided, (1) the Contractor shall not be entitled to any increase to the extent caused by the <br />Contractor and (2) Contract Sum increases and Contract Time extensions for suspension <br />caused by Third Parties or Force Majeure Events are limited as set forth in 12.4.3.4 Third Party <br />Caused Delays and Force Majeure. <br />5.4. TERMINATION PROCEDURES <br />5.4.1. Termination by Owner for Default <br />The Owner may terminate the Contract upon written notice to Contractor and its surety <br />whenever the Contractor is deemed to be in default or fails to fulfill, in a timely and proper <br />manner, one or more Contract obligations, or is in violation of any provisions or covenants of the <br />Contract. Termination shall 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 <br />occurrence of 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 <br />any bankruptcy chapter or law.