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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br /> <br /> <br /> <br /> Division 1 <br />Everett Mall Bus Platform General Requirements December 2024 <br />WO No – MALLSTN/24462 SP-75 <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 Contractor's <br />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 or <br />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 Documents <br />or fails, neglects, or refuses to proceed in compliance with the provisions of <br />the Contract Documents. <br />9. If the Contractor made material misrepresentations to the City with respect to: <br />(a) its qualifications or those of its subcontractors; (b) its or its subcontractors’ <br />ability to perform the Work in a timely, workmanlike manner; (c) the materials <br />installed or to be installed; or (d) progress pay estimates. <br />10. If Contractor fails to supply sufficient skilled workers or suitable materials or <br />equipment. <br />11. If Contractor refuses or fails to prosecute the Work with such diligence as will <br />ensure its Physical Completion within the original Physical Completion time <br />and any extensions of time which may have been granted to the Contractor <br />by change order or otherwise. <br />12. If Contractor disregards laws, ordinances, rules, codes, regulations, orders or <br />similar requirements of any public entity having jurisdiction. <br />13. If Contractor performs Work which deviates from the Contract. <br />14. If Contractor otherwise violates in any material way any provisions or <br />requirements of the Contract.