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1 <br /> City of Everett 00 72 00 - 19 <br /> 5.4. TERMINATION PROCEDURES <br /> 5.4.1. Termination by Owner for Default <br /> The Owner may terminate the Contract upon written notice to Contractor and its surety whenever the <br /> ' Contractor is deemed to be in default or fails to fulfill,in a timely and proper manner,one or more <br /> Contract obligations,or is in violation of any provisions or covenants of the Contract. Termination shall <br /> 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 occurrence of <br /> 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 any <br /> bankruptcy chapter or law. <br /> 5. If Contractor repeatedly fails to make prompt payments to Subcontractors or others for labor, <br /> materials,or Equipment. <br /> 6. If Contractor disregards laws,ordinances,rules,regulations,or orders of any public body having <br /> jurisdiction. <br /> 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 fails, <br /> neglects,or refuses to proceed in compliance with the provisions of the Contract 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 perform the <br /> ' Work in a timely,workmanlike manner;(c)the materials installed or to be installed;or(d) <br /> progress pay estimates. <br /> 10. If Contractor fails to supply sufficient skilled workers or suitable materials or equipment. <br /> 11. If Contractor refuses or fails to prosecute the Work with such diligence as will ensure its Physical <br /> Completion within the original 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 performs Work which deviates from the Contract,and neglects or refuses to correct <br /> rejected Work. <br /> 13. If Contractor otherwise violates in any material way any provisions or requirements of the <br /> ' Contract. <br /> After termination of the Contractor for default,the Owner may transfer performance of the Work to the <br /> Contractor's surety. The Owner may exclude the Contractor from the Site and take possession of the <br /> Work and all of the Contractor's tools,appliances,owned or rented construction equipment,and <br /> machinery at the Site and use the same to the full extent they could be used by the Contractor. The <br /> ' Owner may incorporate in the Work all materials and Equipment stored at the Site or for which the <br /> Owner has paid the Contractor,but which are not yet on Site. In such case,the Contractor will not be <br /> entitled to receive any further payment until the Work is finished. At the Owner's sole option, Contractor <br /> shall assign and transfer any contractual rights to material and Equipment to be installed,incorporated,or <br /> used in the 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 Owner. Owner <br /> shall credit Contractor for all materials and supplies on Site or on order,but not yet paid for by Owner, <br /> 00 72 00 - 19 GENERAL CONDITIONS <br />