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Section 00 72 00 GENERAL CONDITIONS <br /> <br />City of Everett 00 72 00-19 June 2024 <br />WFP Air Scour Blower Building Replacement Issued for Bid <br />UP3813 <br />behind the reviewed Preliminary Schedule, the Contractor agrees that, at its sole cost and <br />expense, it will take all actions necessary to return the Project to the accepted schedule. These <br />actions may include the following: <br />1. Increase labor in quantities and crafts. <br />2. Increase the number of working hours per shift, shifts per working day, working days per <br />week, or the amount of Equipment, or any combination of the foregoing. <br />3. Reschedule activities. <br />If requested by the Owner’s Representative, the Contractor shall prepare a proposed schedule <br />revision demonstrating a plan to make up the lag in progress and insure completion of the Work <br />within the Contract Time. All actions taken to return the Project to the accepted schedule are at <br />the Contractor's expense. <br />The Contractor shall pay all costs incurred by the Owner that result from the Contractor's action <br />to return the Project to its accepted schedule, including, but not limited to, additional, overtime, <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.