Absher/Stellar J Joint Venture 12/8/2025

City of Everett 00 72 00 - 20 Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 00 72 00 - 20 GENERAL CONDITIONS If requested by the Owner’s Representative, the Contractor shall prepare a proposed schedule revision demonstrating a plan to make up the lag in progress and insure completion of the Work within the Contract Time. All actions taken to return the Project to the accepted schedule are at the Contractor's expense. The Contractor shall pay all costs incurred by the Owner that result from the Contractor's action to return the Project to its accepted schedule, including, but not limited to, additional, overtime, or third party inspection, design and construction management service costs. Contractor agrees that Owner shall deduct such charges from payments due the Contractor. It is further understood and agreed that none of the services performed by the Owner’s Representative in monitoring, reviewing and reporting Project status and progress shall relieve the Contractor of responsibility for planning and managing construction Work in conformance with the construction schedule. 5.2.4. Delays 5.2.4.1 General In the event of a Delay, the Contractor shall take immediate steps to minimize the Delay or avoid further Delay. The Contractor agrees it shall not make any Contract Claim or request for adjustment of Contract Time or Contract Sum based upon Delays for which it did not timely provide Notice to the Owner. 5.2.4.2 Bonuses If the Contract Documents provide the Contractor with a bonus or other incentive for early completion of a milestone or other completion point, Contractor assumes the risk of Delays caused wholly or partially by third parties. Owner shall not pay any bonus that Contractor would have achieved but for any and all Delays caused in whole or in part by a third party. By way of example only, the Contractor bears the risk of utility companies’ failure to locate underground utilities accurately and the Contractor bears the risk of timely asking for the marking of the location of underground utilities. 5.3. SUSPENSION PROCEDURES 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.