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City of Everett 00 72 00 - 19 <br /> <br /> <br /> <br />00 72 00 - 19 GENERAL CONDITIONS <br />4. If Contractor files a petition to take advantage of any debtor's law, or to reorganize under any <br />bankruptcy chapter or law. <br />5. If Contractor repeatedly fails to make prompt payments to Subcontractors or others for labor, <br />materials, or Equipment. <br />6. If Contractor disregards laws, ordinances, rules, regulations, or orders of any public body having <br />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 fails, <br />neglects, or refuses to proceed in compliance with the provisions of the Contract 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 perform the <br />Work in a timely, workmanlike manner; (c) the materials installed or to be installed; or (d) <br />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 Physical <br />Completion within the original Physical Completion time and any extensions of time which may <br />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 the <br />Contract. <br /> <br />After termination of the Contractor for default, the Owner may transfer performance of the Work to the <br />Contractor's surety. The Owner may exclude the Contractor from the Site and take possession of the <br />Work and all of the Contractor's tools, appliances, owned or rented construction equipment, and <br />machinery at the Site and use the same to the full extent they could be used by the Contractor. The <br />Owner may incorporate in the Work all materials and Equipment stored at the Site or for which the <br />Owner has paid the Contractor, but which are not yet on Site. In such case, the Contractor will not be <br />entitled to receive any further payment until the Work is finished. At the Owner’s sole option, Contractor <br />shall assign and transfer any contractual rights to material and Equipment to be installed, incorporated, or <br />used in the 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 Owner. Owner <br />shall credit Contractor for all materials and supplies on Site or on order, but not yet paid for by Owner, <br />provided that ownership is transferred and assigned to the Owner and the materials and supplies conform <br />to the requirements of the Contract Documents. <br />If the unpaid balance of the Contract Sum exceeds the direct and indirect cost of the completed Work, <br />including construction management services, such excess shall be paid to the Contractor. If such costs <br />exceed such unpaid balance, the Contractor shall pay the difference to the Owner. Such costs incurred by <br />the Owner will be verified by the Owner’s Representative and incorporated into a Change Order, but in <br />finishing the Work, the Owner may negotiate for materials, Equipment and services to complete the Work <br />and will not be required to obtain the lowest figure for Work performed. <br />Where the Contractor services have been so terminated by the Owner, the termination shall not affect any <br />rights of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or <br />payment of monies due the Contractor by the Owner will not release the Contractor from liability. <br />If the Owner terminates this agreement for default, and it is thereafter determined that the Contractor had <br />not so failed to perform its obligations or defaulted in any way, the termination shall then be deemed to <br />have been made for the convenience of the Owner pursuant to 5.4.2 Termination For Convenience. In <br />that event, any adjustment of Contract Sum shall be in accordance with the General Conditions.