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CITY OF EVERETT SPECIAL PROVISIONS <br />LS47-Beverly Lake Sewer Replacement Division 1 – GENERAL REQUIREMENTS January 30, 2025 <br />WO No – UP3529 SP – 113 <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. <br />11. If Contractor refuses or fails to prosecute the Work with such diligence as <br />will ensure its Physical Completion within the original Physical <br />Completion time and any extensions of time which may have been <br />granted to the Contractor by change order or otherwise. <br />12. If Contractor disregards laws, ordinances, rules, codes, regulations, <br />orders or 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. <br />After termination of the Contractor for default, the City may transfer performance of <br />the Work to the Contractor's Surety or elect to prosecute to completion by contract <br />or otherwise. <br />If the City chooses to provide such sufficiency of labor or materials as required to <br />complete the Work, the City may exclude the Contractor from the site and take