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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br />Water Main Replacement “Y” – Ph 2 Div 1 – GEN REQUIREMENTS October 2025 <br />Work Order No. UP 3814 SP-117 <br />Category 2: Sensitive information <br />Category 2: For official use only / disclosure permissible by law. <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 <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 the <br />provisions of the Contract Documents. <br />9. If the Contractor made material misrepresentations to the City with respect <br />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 Completion <br />time and any extensions of time which may have been granted to the <br />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 <br />possession of the Work and all of the Contractor's tools, appliances, owned or <br />rented construction equipment, and machinery at the site and use the same to the <br />full extent they could be used by the Contractor. The City may incorporate in the <br />Work all materials and Equipment stored at the site or for which the City has paid <br />the Contractor, but which are not yet on site. In such case, the Contractor will not <br />be entitled to receive any further payment until the Work is finished. At the City’s <br />sole option, Contractor shall assign and transfer any contractual rights to material <br />and Equipment to be installed, incorporated, or used in the performance of the <br />Work. City shall credit Contractor for the reasonable fair market rental value of any <br />and all Contractor owned equipment for so long as retained and used by the City. <br />City shall credit Contractor for all materials and supplies on site or on order, but not <br />yet paid for by City, provided that ownership is transferred and assigned to the City <br />and the materials and supplies conform to the requirements of the Contract <br />Documents.