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CITY OF EVERETT SPECIAL PROVISIONS <br /> overruns in Contract time occurring after the Substantial Completion Date, liquidated damages <br /> shall be assessed on the basis of direct engineering and related costs assignable to the project <br /> ' until the actual Physical Completion Date of all the Contract Work. The Contractor shall complete <br /> the 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 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 proper <br /> manner, one or more Contract obligations, or is in violation of any provisions or covenants of <br /> ' the Contract. Termination shall be effective upon Contractor's and Surety's receipt of such <br /> notice <br /> For purposes of this section, the Contractor shall be deemed to be in default upon the <br /> ' 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 Contractor's <br /> property. <br /> 4. If Contractor files a petition to take advantage of any debtor's law, or to reorganize <br /> under any bankruptcy chapter or law. <br /> 5. If Contractor repeatedly fails to make prompt payments to subcontractors or <br /> others for labor, materials, or Equipment. <br /> ' 6. If Contractor disregards laws, ordinances, rules, regulations, or orders of public <br /> 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 Documents or <br /> fails, neglects, or refuses to proceed in compliance with the provisions of the <br /> Contract Documents. <br /> ' 9. If the Contractor made material misrepresentations to the City with respect to: (a) <br /> its qualifications or those of its subcontractors; (b) its or its subcontractors' ability <br /> to perform the Work in a timely, workmanlike manner; (c)the materials installed or <br /> ' to be installed; or (d) progress pay estimates. <br /> 10. If Contractor fails to supply sufficient skilled workers or suitable materials or <br /> equipment. <br /> ' 11. If Contractor refuses or fails to prosecute the Work with such diligence as will <br /> ensure its Physical Completion within the original Physical Completion time and <br /> any extensions of time which may have been granted to the Contractor by change <br /> order or otherwise. <br /> 12. If Contractor disregards laws, ordinances, rules, codes, regulations, orders or <br /> similar requirements of any public entity having jurisdiction. <br /> 13. If Contractor performs Work which deviates from the Contract and neglects or <br /> refuses to correct rejected Work. <br /> 14. If Contractor otherwise violates in any material way any provisions or <br /> requirements of the Contract. <br /> After termination of the Contractor for default, the City may transfer performance of the Work <br /> to the Contractor's Surety or elect to prosecute to completion by contract or otherwise. <br /> ' SEI to SRI Intertie,SRO8 Rehab Division 1 -GENERAL REQUIREMENTS WO No.-UP3714 <br /> SP-99 <br />