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1 <br /> CITY OF EVERETT PUBLIC WORKS 00 72 13 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <br /> relieve the Contractor of responsibility for planning and managing construction Work in <br /> conformance with the construction schedule. <br /> E. Delays <br /> 1. General <br /> a. In the event of a Delay, the Contractor shall take immediate steps to minimize the Delay <br /> or avoid further Delay. The Contractor agrees it shall not make any Contract Claim or <br /> request for adjustment of Contract Time or Contract Sum based upon Delays for which <br /> it did not timely provide Notice to the Owner. <br /> 2. Bonuses <br /> a. If the Contract Documents provide the Contractor with a bonus or other incentive for <br /> early completion of a milestone or other completion point, Contractor assumes the risk <br /> of Delays caused wholly or partially by third parties. Owner shall not pay any bonus <br /> that Contractor would have achieved but for any and all Delays caused in whole or in <br /> part by a third party. By way of example only, the Contractor bears the risk of utility <br /> companies' failure to locate underground utilities accurately and the Contractor bears <br /> the risk of timely asking for the marking of the location of underground utilities. <br /> 5.3 Suspension Procedures <br /> A. The Owner may, at its convenience and at any time and without cause, suspend all or any part of <br /> 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 <br /> be 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; provided, <br /> the Contractor shall not be entitled to an increase to the extent caused by the Contractor. <br /> 5.4 Termination Procedures , <br /> A. Termination by Owner for Default <br /> 1. 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 <br /> of the Contract. Termination shall be effective upon receipt of such notice by the <br /> Contractor. <br /> 2. 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 /> a. If Contractor is bankrupt or insolvent. <br /> b. If Contractor makes a general assignment for the benefit of creditors. <br /> c. If a trustee or receiver is appointed for Contractor, or for any of Contractor's property. <br /> d. If Contractor files a petition to take advantage of any debtor's law, or to reorganize <br /> under any bankruptcy chapter or law. <br /> e. If Contractor repeatedly fails to make prompt payments to Subcontractors or others for <br /> labor,materials, or Equipment. <br /> f. If Contractor disregards laws, ordinances, rules, regulations, or orders of any public <br /> body having jurisdiction. <br /> g. If Contractor disregards the authority of the Owner or Owner's Representative. <br /> 1 <br /> Legion Golf Course Stormwater Detention Project November 28, 2017 <br /> WO#UP3620 00 72 13 -24 <br /> 111 <br />