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CITY OF EVERETT PUBLIC WORKS DOCUMENT 00 72 13 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <br /> companies' failure to locate underground utilities accurately and the Contractor bears <br /> the risk of timely asking for the marking of the location of underground utilities. <br /> 5.3 Suspension Procedures <br /> A. The Owner may, at its convenience and at any time and without cause, suspend all or any part of <br /> the Work by notice in writing to the Contractor. The Work shall be resumed by the Contractor <br /> within five (5) days after receiving written notice from the Owner to do so. The Contractor will <br /> be allowed an increase in the Contract Sum or an extension of Contract Time, or both, directly <br /> attributable to any suspension in accordance with the Change Order procedures herein; provided, <br /> the Contractor shall not be entitled to an increase to the extent caused by the Contractor. <br /> 5.4 Termination Procedures <br /> A. Termination by Owner for Default <br /> 1. The Owner 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 proper <br /> manner, one or more Contract obligations, or is in violation of any provisions or covenants <br /> of the Contract. Termination shall be effective upon receipt of such notice by the <br /> Contractor. <br /> 2. For purposes of this paragraph, the Contractor shall be deemed to be in default upon the <br /> occurrence of any one or more of the following events: <br /> a. If Contractor is bankrupt or insolvent. <br /> b. If Contractor makes a general assignment for the benefit of creditors. <br /> c. If a trustee or receiver is appointed for Contractor,or for any of Contractor's property. <br /> d. If Contractor files a petition to take advantage of any debtor's law, or to reorganize <br /> under any bankruptcy chapter or law. <br /> e. If Contractor repeatedly fails to make prompt payments to Subcontractors or others for <br /> labor,materials, or Equipment. <br /> f. If Contractor disregards laws, ordinances, rules, regulations, or orders of any public <br /> body having jurisdiction. <br /> g. If Contractor disregards the authority of the Owner or Owner's Representative. <br /> ' h. If Contractor violates in a substantial way the provisions of the Contract Documents or <br /> fails, neglects, or refuses to proceed in compliance with the provisions of the Contract <br /> Documents. <br /> i. If the Contractor made material misrepresentations to the Owner with respect to: (a) its <br /> qualifications or those of its Subcontraetors; (b) its or its subcontractors' ability to <br /> perform the Work in a timely, workmanlike manner; (c)the materials installed or to be <br /> installed;or(d)progress pay estimates. <br /> ' 3. After termination of the Contractor for default, the Owner may transfer performance of the <br /> Work to the Contractor's surety. The Owner may exclude the Contractor from the Site and <br /> take possession of the Work and all of the Contractor's tools, appliances, owned or rented <br /> construction equipment, and machinery at the Site and use the same to the full extent they <br /> could be used by the Contractor. The Owner may incorporate in the Work all materials and <br /> Equipment stored at the Site or for which the Owner has paid the Contractor, but which are <br /> not yet on Site. In such case, the Contractor will not be entitled to receive any further <br /> payment until the Work is finished. At the Owner's sole option, Contractor shall assign and <br /> transfer any contractual rights to material and Equipment to be installed, incorporated, or <br /> PSO6 REROUTE 007213 -25 <br /> WO NO.—UP3583 MAY 2016 <br />