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CITY OF EVERETT SPECIAL PROVISIONS <br />Greely St. Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS January 2026 <br />WO No. UP3817 SP – 113 <br /> <br />Accordingly, the Contractor agrees: <br /> <br />1. To pay (according to the following formula) liquidated damages for each <br />working day beyond the number of working days established for Physical <br />Completion, and <br /> <br />2. To authorize the Engineer to deduct these liquidated damages from any <br />money due or coming due to the Contractor. <br /> <br />Liquidated Damages Formula <br /> <br />LD=0.15C/T <br /> <br />Where: <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.