Faber Construction Corp 9/27/2016

I ICITY OF EVERETT SPECIAL PROVISIONS 1-08.9 Liquidated Damages Delete the definition for "T" in the Liquidated Damages Formula and substitute the following: T = original time for Substantial Completion Delete the fourth sentence of the fourth paragraph of 1-08.9 and substitute the following: For overruns in Contract Time occurring after the Physical Completion Date, liquidated damages shall be assessed at the rate of ten (10) percent of the amount computed by the formula in this section until the actual Physical Completion Date of all the Contract Work. 1-08.10 Termination of Contract 1-08.10(1) Termination for Default Delete all of 1-08.10(1) and substitute the following: The City may terminate the Contract upon written notice to Contractor and its Surety whenever the Contractor is deemed to be in default or fails to fulfill, in a timely and proper manner, one or more Contract obligations, or is in violation of any provisions or covenants of the Contract. Termination shall be effective upon Contractor's and Surety's receipt of such notice For purposes of this section, the Contractor shall be deemed to be in default upon the occurrence of one or more of the following events: 1. If Contractor is bankrupt or insolvent. 2. If Contractor makes a general assignment for the benefit of creditors. 3. If a trustee or receiver is appointed for Contractor, or for any of Contractor's property. 4. If Contractor files a petition to take advantage of any debtor's law, or to reorganize under any bankruptcy chapter or law. 5. If Contractor repeatedly fails to make prompt payments to subcontractors or others for labor, materials, or Equipment. 6. If Contractor disregards laws, ordinances, rules, regulations, or orders of public bodies having jurisdiction. 7. If Contractor disregards the authority of the City or City's Representative. 8. If Contractor substantially violates the provisions of the Contract Documents or fails, neglects, or refuses to proceed in compliance with the provisions of the Contract Documents. 9. If the Contractor made material misrepresentations to the City with respect to: (a) its qualifications or those of its subcontractors; (b) its or its subcontractors' ability to perform the Work in a timely, workmanlike manner; (c) the materials installed or to be installed; or (d) progress pay estimates. After termination of the Contractor for default, the City may transfer performance of the Work to the Contractor's Surety or elect to prosecute to completion by contract or otherwise. If the City chooses to provide such sufficiency of labor or materials as required to complete the Work, the City may exclude the Contractor from the site and take possession of the Work and all of the Contractor's tools, appliances, owned or rented construction equipment, and machinery at the site and use the same to the Water Main Replacement"Q" Division 1 -GENERAL CONDITIONS July 8, 2016 Broadway WO No.-UP3612 SP-99 I