Thomco Construction Inc. 6/14/2021

I CITY OF EVERETT SPECIAL PROVISIONS after the Substantial Completion Date, liquidated damages shall be assessed on the basis of direct engineering and related costs assignable to the project until the actual Physical Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. Upon request by the Project Engineer, the Contractor shall furnish a written schedule for completing the physical Work on the Contract. 1-08.10 Termination of Contract 1-08.10(1) Termination for Default Delete all of 1-08.10(1) and substitute the following: The City may terminate the Contract upon written notice to Contractor and its Surety whenever the Contractor is deemed to be in default or fails to fulfill, in a timely and proper manner, one or more Contract obligations, or is in violation of any provisions or covenants of the Contract. Termination shall be effective upon Contractor's and Surety's receipt of such notice For purposes of this section, the Contractor shall be deemed to be in default upon the occurrence of one or more of the following events: 1. If Contractor is bankrupt or insolvent. 2. If Contractor makes a general assignment for the benefit of creditors. 3. If a trustee or receiver is appointed for Contractor, or for any of Contractor's property. 4. If Contractor files a petition to take advantage of any debtor's law, or to reorganize under any bankruptcy chapter or law. 5. If Contractor repeatedly fails to make prompt payments to subcontractors or others for labor, materials, or Equipment. 6. If Contractor disregards laws, ordinances, rules, regulations, or orders of public bodies having jurisdiction. 7. If Contractor disregards the authority of the City or City's Representative. 8. If Contractor substantially violates the provisions of the Contract Documents or fails, neglects, or refuses to proceed in compliance with the provisions of the Contract Documents. 9. If the Contractor made material misrepresentations to the City with respect to: (a) its qualifications or those of its subcontractors; (b) its or its subcontractors' ability to perform the Work in a timely, workmanlike manner; (c) the materials installed or to be installed; or (d) progress pay estimates. 10. If Contractor fails to supply sufficient skilled workers or suitable materials or equipment. 11. If Contractor refuses or fails to prosecute the Work with such diligence as will ensure its Physical Completion within the original Physical Completion time and any extensions of time which may have been granted to the Contractor by change order or otherwise. 12. If Contractor disregards laws, ordinances, rules, codes, regulations, orders or similar requirements of any public entity having jurisdiction. 13. If Contractor performs Work which deviates from the Contract, and neglects or refuses to correct rejected Work. 14. If Contractor otherwise violates in any material way any provisions or requirements of the Contract. Water Main Replacement"V" Division 1 —GENERAL REQUIREMENTS April,2021 WO No—UP3730 SP-101 I