Common use of ABANDONMENT/ SUSPENSION OF PROJECT Clause in Contracts

ABANDONMENT/ SUSPENSION OF PROJECT. 5.2.1 The District has the absolute discretion to suspend or abandon all or any portion of the work on a Project and may do so upon fourteen (14) days written notice to the Construction Manager. Upon notice of suspension or abandonment, Construction Manager shall immediately discontinue any further action on the Project. If the entire work to be performed on a Project is abandoned, the parties shall each be relieved of the remaining executory obligations of the Agreement, as it relates to the Project, but shall not be relieved of any obligations arising prior to said abandonment. In the event the District abandons or suspends the work on the Project, there shall be due and payable within thirty (30) days following such abandonment or suspension compensation for all approved services performed and all approved expenses incurred pursuant to this Agreement supported by documentary evidence, including payroll records, and expense reports up until the date of the abandonment or postponement plus any sums due the Construction Manager for approved extra services. 5.2.2 If the Project is resumed after being suspended for more than three (3) months, the Construction Manager’s compensation shall be resumed in a similar manner (prorated portion of lump sum agreement, based upon time remaining). Any services provided by the Construction Manager at the request of the District during the period of suspension shall be subject to equitable compensation, which compensation shall not be applied against any fixed limits of fee or costs provided for within this Agreement. 5.2.3 If the Project is suspended in whole or in part for more than three (3) months and, if no arrangement is made between the District and the Construction Manager to retain specific staff during the period of suspension, reassignment of any or all of the personnel assigned to the Project to other projects may occur. In the event that the suspended Project is then resumed, the Construction Manager shall re-staff the Project to the same level as at the time of suspension (provided that the scope of remaining work shall not have been reduced) and shall make a good faith effort to use as many of the original personnel as is practical. Where individuals assigned to the Project at the time of suspension are not reasonably available at the time of resumption, the Construction Manager shall assign other personnel of similar skill and experience as approved by the District. 5.2.4 If construction of the Project has started and is stopped for a material period of time by reason or circumstances not the fault of the Construction Manager, the District shall pay the Construction Manager’s General Conditions and Field Personnel costs for the first 30 days of stoppage up to, but not to exceed, the level of such costs for the 30 day period immediately preceding the stoppage. 5.2.5 The Construction Manager shall reduce the size of the Project-site staff after thirty

ABANDONMENT/ SUSPENSION OF PROJECT. 5.2.1 The District has the absolute discretion to suspend or abandon all or any portion of the work on a Project and may do so upon fourteen (14) days written notice to the Construction Manager. Upon notice of suspension or abandonment, Construction Manager shall immediately discontinue any further action on the Project. If the entire work to be performed on a Project is abandoned, the parties shall each be relieved of the remaining executory obligations of the Agreement, as it relates to the Project, but shall not be relieved of any obligations arising prior to said abandonment. In the event the District abandons or suspends the work on the Project, there shall be due and payable within thirty (30) days following such abandonment or suspension compensation for all approved services performed and all approved expenses incurred pursuant to this Agreement supported by documentary evidence, including payroll records, and expense reports up until the date of the abandonment or postponement plus any sums due the Construction Manager for approved extra services. 5.2.2 If the Project is resumed after being suspended for more than three (3) months, the Construction Manager’s compensation shall be resumed in a similar manner (prorated portion of lump sum agreement, based upon time remaining). Any services provided by the Construction Manager at the request of the District during the period of suspension shall be subject to equitable compensation, which compensation shall not be applied against any fixed limits of fee or costs provided for within this Agreement. 5.2.3 If the Project is suspended in whole or in part for more than three (3) months and, if no arrangement is made between the District and the Construction Manager to retain specific staff during the period of suspension, reassignment of any or all of the personnel assigned to the Project to other projects may occur. In the event that the suspended Project is then resumed, the Construction Manager shall re-staff the Project to the same level as at the time of suspension (provided that the scope of remaining work shall not have been reduced) and shall make a good faith effort to use as many of the original personnel as is practical. Where individuals assigned to the Project at the time of suspension are not reasonably available at the time of resumption, the Construction Manager shall assign other personnel of similar skill and experience as approved by the District. 5.2.4 If construction of the Project has started and is stopped for a material period of time by reason or circumstances not the fault of the Construction Manager, the District shall pay the Construction Manager’s General Conditions and Field Personnel costs for the first 30 days of stoppage up to, but not to exceed, the level of such costs for the 30 day period immediately preceding the stoppage. 5.2.5 The Construction Manager shall reduce the size of the Project-site staff after thirtythirty (30) days’ delay or sooner if feasible, for the remainder of the delay period. The District shall reimburse the Construction Manager only for the actual costs of such reduced staff and extended General Conditions during such delay up to a maximum of 90 days delay. If such delay shall exceed 90 days in duration, any Project-site staff and General Conditions remaining on the Project at the District’s request shall constitute Additional Services and shall be compensable on that basis through the end of any stoppage period. Upon termination of the stoppage, the Construction Manager shall return or provide the necessary Project site-staff as soon as practicable and no further compensation shall be paid for the delay.

ABANDONMENT/ SUSPENSION OF PROJECT. 5.2.1 The District has the absolute discretion to suspend or abandon all or any portion of the work on a Project and may do so upon fourteen (14) days days’ written notice to the Construction Manager. Upon notice of suspension or abandonment, Construction Manager shall immediately discontinue any further action on the ProjectProject or Projects as applicable. If the entire work to be performed on a Project or all Projects is abandoned, the parties Parties shall each be relieved of the remaining executory obligations of the Agreement, as it relates to the Projectsubject Project or Projects, but shall not be relieved of any obligations arising prior to said abandonment. In the event the District abandons or suspends the work on the Projectan approved Project or all Projects as applicable, there shall be due and payable within thirty (30) days following such abandonment or suspension compensation for all approved services performed and all approved expenses Reimbursable Expenses incurred pursuant to this Agreement supported by documentary evidence, including including, but not limited to, payroll records, and expense reports up until the date of the abandonment or postponement plus any sums due the Construction Manager for approved extra services. 5.2.2 If the subject Project is or Projects, as the case may be, are resumed after being suspended for more than three (3) months, the Construction Manager’s compensation shall be resumed in a similar manner (prorated portion of lump sum agreement, based upon time remaining). Any services provided by the Construction Manager at the request of the District during the period of suspension shall be subject to equitable compensation, which compensation shall not be applied against any fixed limits of fee or costs provided for within this Agreement. 5.2.3 If the subject Project is or Projects, as the case may be, are suspended in whole or in part for more than three (3) months and, if no arrangement is made between the District and the Construction Manager to retain specific staff during the period of suspension, reassignment of any or all of the personnel assigned to the Project subject Project(s) to other projects may occur. In the event that the suspended Project is or Projects, as applicable, are then resumed, the Construction Manager shall re-staff the Project to the same level as at the time of suspension (provided that the scope of remaining work shall not have been reduced) and shall make a good faith effort to use as many of the original personnel as is practical. Where individuals assigned to the Project subject Project(s) at the time of suspension are not reasonably available at the time of resumption, the Construction Manager shall assign other personnel of similar skill and experience as approved by the District. 5.2.4 If construction of the Project has started and is stopped for a material period of time by reason or circumstances not the fault of the Construction Manager, the District shall pay the Construction Manager’s General Conditions and Field Personnel costs for the first 30 days of stoppage up to, but not to exceed, the level of such costs for the 30 day period immediately preceding the stoppage. 5.2.5 The Construction Manager shall reduce the size of the Project-site staff after thirty

ABANDONMENT/ SUSPENSION OF PROJECT. 5.2.1 The District has the absolute discretion to suspend or abandon all or any portion of the work on a Project and may do so upon fourteen (14) days written notice to the Construction Manager. Upon notice of suspension or abandonment, Construction Manager shall immediately discontinue any further action on the Project. If the entire work to be performed on a Project is abandoned, the parties shall each be relieved of the remaining executory obligations of the Agreement, as it relates to the Project, but shall not be relieved of any obligations arising prior to said abandonment. In the event the District abandons or suspends the work on the Project, there shall be due and payable within thirty (30) days following such abandonment or suspension compensation for all approved services performed and all approved expenses incurred pursuant to this Agreement supported by documentary evidence, including payroll records, and expense reports up until the date are to be representative of the abandonment Applicant’s ability to perform Construction Management or postponement plus any sums due other related services as described in the Construction Manager Scope of Services or required Roles in 6.1 Project Staff Experience services. A majority of the projects Applicant lists in the Applicant and Subconsultant History & Project Experience Form (RFQP, Attachment 3A) shall be Applicant’s history and project experience, not Applicant’s Sub-Consultant’s history and project experience. i.e. the Applicant must submit at least six (6) and the Subconsultants NO MORE THAN (4) (that is a total for approved extra services. 5.2.2 If all Subconsultants combined). There is no limit to the Project number of subconsultants proposed. There is resumed after being suspended for no limit to the number of subconsultants proposed. if there are no Subconsultants the Applicant must submit ten (10). Do NOT submit more than three ten (310) monthsprojects. Projects listed that do not match exact criteria requested, may receive fewer points by evaluators. Each of the Construction Manager’s compensation shall ten (10) projects submitted will be resumed evaluated and scored by the Evaluation Committee based on the five (5) factors listed above and reflected in a similar manner Attachment 3A – Applicant Team Project History and Performance and awarded from 0 to 15 points for each of the ten (prorated portion 10) projects submitted. If less than ten (10) projects are submitted, it reduces the number of lump sum agreementavailable points to an Applicant. (Example: with ten (10) projects submitted, based upon time remainingthere are up to 150 points available (i.e., 10 projects x 15 points = 150). Any services provided by the Construction Manager at the request of the District during the period of suspension shall However, if only nine (9) projects are submitted, there would be subject to equitable compensationonly 135 points available (i.e., which compensation shall not be applied against 9 projects x 15 points = 135 available points), etc. Do NOT submit any fixed limits of fee or costs provided for within this Agreement. 5.2.3 If the Project is suspended in whole or in part for more than three ten (310) months and, if no arrangement is made between the District and the Construction Manager to retain specific staff during the period of suspension, reassignment of any or all of the personnel assigned to the Project to other projects may occurtotal. In the event that the suspended Project is then resumed, the Construction Manager shall re-staff the Project to the same level as at the time of suspension If more than ten (provided that the scope of remaining work shall not have been reduced10) and shall make a good faith effort to use as many of the original personnel as is practical. Where individuals assigned to the Project at the time of suspension are not reasonably available at the time of resumption, the Construction Manager shall assign other personnel of similar skill and experience as approved by the District. 5.2.4 If construction of the Project has started and is stopped for a material period of time by reason or circumstances not the fault of the Construction Manager, the District shall pay the Construction Manager’s General Conditions and Field Personnel costs for submitted—only the first 30 days of stoppage up to, but not to exceed, the level of such costs for the 30 day period immediately preceding the stoppageten (10) will be scored. 5.2.5 The Construction Manager shall reduce the size of the Project-site staff after thirty