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CITY OF EVERETT SPECIAL PROVISIONS <br /> timely and proper manner, one or more Contract obligations, or is in violation of <br /> any provisions or covenants of the Contract. Termination shall be effective upon <br /> Contractor's and 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 /> After termination of the Contractor for default, the City may transfer performance <br /> of the Work to the Contractor's Surety or elect to prosecute to completion by <br /> contract 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 <br /> any and all Contractor owned equipment for so long as retained and used by the <br /> City. City shall credit Contractor for all materials and supplies on site or on order, <br /> but not yet paid for by City, provided that ownership is transferred and assigned to <br /> the City and the materials and supplies conform to the requirements of the <br /> Contract Documents. <br /> 1 If the unpaid balance of the Contract Sum exceeds the direct and indirect cost of <br /> the completed Work, including construction management services, such excess <br /> shall be paid to the Contractor. If such costs exceed such unpaid balance, the <br /> ' SEWER SYSTEM REPLACEMENT AND CAPACITY IMPROVEMENTS SEWER"M" PHASE II <br /> WO No.- UP3470-10 Division 1 -GENERAL REQUIREMENTS April 2016 <br /> SP-127 <br /> I <br />