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City of Everett 00 7200 - 21 <br /> <br /> <br />General Conditions <br />007200-21 202082-10 May 2024 <br />pw://Carollo/Documents/WA/Everett/202082-100000/04 Design/04 Specs/Carollo/007200 (FS-100) <br /> <br />5. If Contractor repeatedly fails to make prompt payments to Subcontractors or others for <br />labor, materials, or Equipment. <br />6. If Contractor disregards laws, ordinances, rules, regulations, or orders of any public body <br />having 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 <br />fails, neglects, or refuses to proceed in compliance with the provisions of the Contract <br />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 <br />perform the Work in a timely, workmanlike manner; (c) the materials installed or to be <br />installed; or (d) 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 <br />Physical Completion within the original Physical Completion time and any extensions of <br />time which may have been granted to the Contractor by change order or otherwise. <br />12. If Contractor performs Work which deviates from the Contract. <br />13. If Contractor otherwise violates in any material way any provisions or requirements of <br />the Contract. <br /> <br />After termination of the Contractor for default, the Owner may transfer performance of the Work <br />to the Contractor's surety. The Owner may exclude the Contractor from the Site and take <br />possession of the Work and all of the Contractor's tools, appliances, owned or rented <br />construction equipment, and machinery at the Site and use the same to the full extent they <br />could be used by the Contractor. The Owner may incorporate in the Work all materials and <br />Equipment stored at the Site or for which the Owner has paid the Contractor, but which are not <br />yet on Site. In such case, the Contractor will not be entitled to receive any further payment until <br />the Work is finished. At the Owner’s sole option, Contractor shall assign and transfer any <br />contractual rights to material and Equipment to be installed, incorporated, or used in the <br />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 <br />Owner. Owner shall credit Contractor for all materials and supplies on Site or on order, but not <br />yet paid for by Owner, provided that ownership is transferred and assigned to the Owner and <br />the materials and supplies conform to the requirements of the Contract Documents. <br />If the unpaid balance of the Contract Sum exceeds the direct and indirect cost of the completed <br />Work, including construction management services, such excess shall be paid to the Contractor. <br />If such costs exceed such unpaid balance, the Contractor shall pay the difference to the Owner. <br />Such costs incurred by the Owner will be verified by the Owner’s Representative and <br />incorporated into a Change Order, but in finishing the Work, the Owner may negotiate for <br />materials, Equipment and services to complete the Work and will not be required to obtain the <br />lowest figure for Work performed. <br />Where the Contractor services have been so terminated by the Owner, the termination shall not <br />affect any rights of the Owner against the Contractor then existing or which may thereafter <br />accrue. Any retention or payment of monies due the Contractor by the Owner will not release <br />the Contractor from liability.