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I <br /> CITY OF EVERETT SPECIAL PROVISIONS [Modified per Addendum #1] <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 /> Contractor's property. <br /> 4. If Contractor files a petition to take advantage of any debtor's 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 /> 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 /> 10. If Contractor fails to supply sufficient skilled workers or suitable <br /> materials or equipment. <br /> 11. If Contractor refuses or fails to prosecute the Work with such <br /> diligence as will ensure its Physical Completion within the original <br /> Physical Completion time and any extensions of time which may <br /> have been granted to the Contractor by change order or otherwise. <br /> 12. If Contractor disregards laws, ordinances, rules, codes, regulations, <br /> orders or similar requirements of any public entity having <br /> jurisdiction. <br /> 13. If Contractor performs Work which deviates from the Contract, and <br /> neglects or refuses to correct rejected Work. <br /> 14. If Contractor otherwise violates in any material way any provisions <br /> 111 <br /> or requirements of the Contract-[Added per Addendum 1] <br /> After termination of the Contractor for default, the City may transfer performance <br /> of the Work to the Contractor's Surety or elect to prosecute to completion by <br /> contract 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 Contractor's 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 /> Work all materials and Equipment stored at the site or for which the City has paid <br /> the Contractor, but which are not yet on site. In such case, the Contractor will not <br /> be entitled to receive any further payment until the Work is finished. At the City's <br /> sole option, Contractor shall assign and transfer any contractual rights to material <br /> and Equipment to be installed, incorporated, or used in the performance of the <br /> Work. City shall credit Contractor for the reasonable fair market rental value of <br /> Sewer 0 Division 1 —GENERAL REQUIREMENTS Addendum No. 1 <br /> WO No—UP3691 SP—113 May 2020 <br />