IMCO General Construction, Inc. 8/28/2024

Section 00 72 00 GENERAL CONDITIONS City of Everett 00 72 00-10 June 2024 WFP Air Scour Blower Building Replacement Issued for Bid UP3813 4. Determination as to the existence of changed or differing site conditions; 5. Fulfillment of the Contract by the Contractor; 6. Payments under the Contract including adjustment and; 7. Suspension(s) of Work. If the Contractor fails to respond promptly to the requirements of the Contract or orders from the Owner’s Representative: 1. The Owner’s Representative may use the Owner’s resources, other contractors, or other means to accomplish the Work, and 2. The Owner will not be obligated to pay the Contractor, and will deduct from the Contractor’s payments, any costs that result when any other means are used to carry out the Contract requirements or Owner’s Representative’s orders. At the Contractor’s risk, the Owner’s Representative may suspend all or part of the Work if: 1. The Contractor fails to fulfill Contract terms, to carry out the Owner’s Representative’s orders, or to correct unsafe conditions of any nature; or 2. It is in the public interest. The Owner’s Representative and Owner shall have complete access to the Work and to the Site of the Work and to the places where Work is being prepared or where materials, Equipment, and machinery are being obtained for the Work. If requested by the Owner’s Representative or Owner, the Contractor shall provide the assistance necessary for obtaining such access, and shall provide information related to the inspection of construction. Absence of such access or information, as needed, may result in the Owner’s refusal to accept the Work. The Owner’s Representative has the authority to recommend Change Orders, but does not have authority to approve Change Orders. Proposed Change Orders are subject to review and approval by the Owner. No proposed Change Order or any change of Contract Sum or Contract Time is effective or binding upon the Owner unless and until the Mayor or his or her designee signs it, as authorized by City Council or by ordinance. To detail and illustrate the Work, the Owner’s Representative may furnish to the Contractor additional Drawings and explanations consistent with the original Drawings. The Contractor shall perform the Work according to these additional Drawings and explanations. The Owner’s Representative may appoint assistants and inspectors to assist in determining that the Work and materials meet the Contract requirements. Assistants and inspectors have the authority to reject defective material and suspend Work that is being done improperly, subject to the final decisions of the Owner’s Representative or, when appropriate, the Owner. Assistants and inspectors are not authorized to accept work, to accept materials, to issue instructions, or to give advice that is contrary to the Contract. Work done or material furnished which does not meet the Contract requirements shall be at the Contractor’s risk and shall not be a basis for a Contract Claim even if the Owner’s Representative, inspectors or assistants purport to change the Contract. Assistants and inspectors may advise the Contractor of faulty Work or materials or infringements of the terms of the Contract; however, failure of the Owner’s Representative or the assistants or inspectors to advise the Contractor does not constitute acceptance or approval. The Contractor shall submit supplemental working or detail drawings as required for the performance of the Work pursuant to 2.4. SUBMITTALS. Except as noted, all drawings and other Submittals shall be delivered directly to the Owner’s Representative. The drawings shall