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' City of Everett 00 7200- 19 <br /> Diversion Dam Road Phase 3 UT 3707 & UT 3708 <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 <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; <br /> provided, the Contractor shall not be entitled to an increase to the extent caused by the <br /> ' Contractor. <br /> 5.4. TERMINATION PROCEDURES <br /> t 5.4.1. Termination by Owner for Default <br /> 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 /> t manner, one or more Contract obligations, or is in violation of any provisions or covenants of the <br /> Contract. Termination shall be effective upon receipt of such notice by the Contractor. <br /> 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 /> 1. If Contractor is bankrupt or insolvent. <br /> ' 2. If Contractor makes a general assignment for the benefit of creditors. <br /> 3. If a trustee or receiver is appointed for Contractor, or for any of Contractor's property. <br /> 4. If Contractor files a petition to take advantage of any debtor's law, or to reorganize under <br /> ' any bankruptcy chapter or law. <br /> 5. If Contractor repeatedly fails to make prompt payments to Subcontractors or others for <br /> labor, materials, or Equipment. <br /> ' 6. If Contractor disregards laws, ordinances, rules, regulations, or orders of any public body <br /> having jurisdiction. <br /> t 7. If Contractor disregards the authority of the Owner or Owner's Representative. <br /> 8. If Contractor violates in a substantial way the provisions of the Contract Documents or <br /> fails, neglects, or refuses to proceed in compliance with the provisions of the Contract <br /> ' Documents. <br /> 9. If the Contractor made material misrepresentations to the Owner with respect to: (a) its <br /> qualifications or those of its Subcontractors; (b) its or its subcontractors' ability to <br /> perform the Work in a timely, workmanlike manner; (c) the materials installed or to be <br /> installed; or (d) progress pay estimates. <br /> After termination of the Contractor for default, the Owner may transfer performance of the Work <br /> ' to the Contractor's surety. The Owner may exclude the Contractor from the Site and take <br /> possession of the Work and all of the Contractor's tools, appliances, owned or rented <br /> construction equipment, and machinery at the Site and use the same to the full extent they <br /> ' could be used by the Contractor. The Owner may incorporate in the Work all materials and <br /> Equipment stored at the Site or for which the Owner has paid the Contractor, but which are not <br /> yet on Site. In such case, the Contractor will not be entitled to receive any further payment until <br /> the Work is finished. At the Owner's sole option, Contractor shall assign and transfer any <br /> ' contractual rights to material and Equipment to be installed, incorporated, or used in the <br /> performance of the Work. Owner shall credit Contractor for the reasonable fair market rental <br /> value of any and all Contractor owned equipment for so long as retained and used by the <br /> Owner. Owner shall credit Contractor for all materials and supplies on Site or on order, but not <br /> 00 7200- 19 GENERAL CONDITIONS <br />