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CITY OF EVERETT SPECIAL PROVISIONS <br />3rd Ave Water Quality Facility Division 1 – GENERAL REQUIREMENTS September 20, 2024 <br />WO No – UP3775 SP – 103 <br /> <br /> LD = liquidated damages per working day (rounded to the nearest dollar) <br /> C = original Contract amount <br /> T = original time for Physical Completion <br /> <br />When the Contract Work has progressed to Substantial Completion as defined in the <br />Contract, the Engineer may determine that the work is Substantially Complete. The <br />Engineer will notify the Contractor in writing of the Substantial Completion Date. For <br />overruns in Contract time occurring after the date so established, the formula for <br />liquidated damages shown above will not apply. For overruns in Contract time occurring <br />after the Substantial Completion Date, liquidated damages shall be assessed on the <br />basis of direct engineering and related costs assignable to the project until the actual <br />Physical Completion Date of all the Contract Work. The Contractor shall complete the <br />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 <br />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 <br />proper manner, one or more Contract obligations, or is in violation of any provisions <br />or covenants of the Contract. Termination shall be effective upon Contractor’s and <br />Surety’s receipt of such notice <br />For purposes of this section, the Contractor shall be deemed to be in default upon <br />the 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 <br />Contractor's property. <br />4. If Contractor files a petition to take advantage of any debtor's law, or to <br />reorganize under any bankruptcy chapter or law. <br />5. If Contractor repeatedly fails to make prompt payments to subcontractors <br />or others for labor, materials, or Equipment. <br />6. If Contractor disregards laws, ordinances, rules, regulations, or orders of <br />public 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 <br />Documents or fails, neglects, or refuses to proceed in compliance with <br />the provisions of the Contract Documents. <br />9. If the Contractor made material misrepresentations to the City with <br />respect to: (a) its qualifications or those of its subcontractors; (b) its or its <br />subcontractors’ ability to perform the Work in a timely, workmanlike <br />manner; (c) the materials installed or to be installed; or (d) progress pay <br />estimates. <br />10. If Contractor fails to supply sufficient skilled workers or suitable materials <br />or equipment.