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Section 00 72 00 GENERAL CONDITIONS <br /> <br />City of Everett 00 72 00-20 June 2024 <br />WFP Air Scour Blower Building Replacement Issued for Bid <br />UP3813 <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 <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 the <br />Contract. Termination shall 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 <br />occurrence of 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 <br />any bankruptcy chapter or law. <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 />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