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CITY OF EVERETT SPECIAL PROVISIONS <br /> 1 When the Contract Work has progressed to Substantial Completion as defined in the <br /> Contract, the Engineer may determine that the work is Substantially Complete. The <br /> Engineer will notify the Contractor in writing of the Substantial Completion Date. For <br /> overruns in Contract time occurring after the date so established, the formula for <br /> liquidated damages shown above will not apply. For overruns in Contract time occurring <br /> after the Substantial Completion Date, liquidated damages shall be assessed on the <br /> basis of direct engineering and related costs assignable to the project until the actual <br /> Physical Completion Date of all the Contract Work. The Contractor shall complete the <br /> remaining Work as promptly as possible. Upon request by the Project Engineer, the <br /> Contractor shall furnish a written schedule for completing the physical Work on the <br /> Contract. <br /> 1-08.10 Termination of Contract <br /> 1-08.10(1) Termination for Default <br /> Delete all of 1-08.10(1) and substitute the following: <br /> The City 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 <br /> proper manner, one or more Contract obligations, or is in violation of any provisions <br /> or covenants of the Contract. Termination shall be effective upon Contractor's and <br /> Surety's receipt of such notice <br /> For purposes of this section, the Contractor shall be deemed to be in default upon <br /> the occurrence of 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 <br /> Contractors property. <br /> 4. If Contractor files a petition to take advantage of any debtors law, or to <br /> reorganize under any bankruptcy chapter or law. <br /> 5. If Contractor repeatedly fails to make prompt payments to subcontractors <br /> or others for labor, materials, or Equipment. <br /> 1 6. If Contractor disregards laws, ordinances, rules, regulations, or orders of <br /> public bodies having jurisdiction. <br /> 7. If Contractor disregards the authority of the City or City's Representative. <br /> 8. If Contractor substantially violates the provisions of the Contract <br /> Documents or fails, neglects, or refuses to proceed in compliance with <br /> the provisions of the Contract Documents. <br /> 9. If the Contractor made material misrepresentations to the City with <br /> respect to: (a) its qualifications or those of its subcontractors; (b) its or its <br /> subcontractors' ability to perform the Work in a timely, workmanlike <br /> manner; (c) the materials installed or to be installed; or (d) progress pay <br /> estimates. <br /> ' After termination of the Contractor for default, the City may transfer performance of <br /> the Work to the Contractors Surety or elect to prosecute to completion by contract <br /> or otherwise. <br /> If the City chooses to provide such sufficiency of labor or materials as required to <br /> complete the Work, the City may exclude the Contractor from the site and take <br /> possession of the Work and all of the Contractors tools, appliances, owned or <br /> rented construction equipment, and machinery at the site and use the same to the <br /> full extent they could be used by the Contractor. The City may incorporate in the <br /> Watermain Replacement"U" Division 1 —GENERAL REQUIREMENTS October 1, 2019 <br /> WO No—UP3698 SP—103 <br /> I <br />