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CITY OF EVERETT SPECIAL PROVISIONS <br /> affected critical activities exceed the Total Float time along the affected paths of the <br /> reviewed Preliminary Schedule at the time the change was authorized in writing by the <br /> City. Contractor has the burden of clearly and convincingly demonstrating entitlement <br /> to any adjustment of Contract Time. <br /> If the City is solely responsible for any Delay to Substantial Completion, Physical <br /> Completion, Completion Date, or Final Acceptance, the Contractor shall only be <br /> entitled to compensation or other damages as described in 1-09.11A REMEDIES, <br /> provided that Contractor timely gave Notice pursuant to 1-04.5 NOTICE BY <br /> CONTRACTOR, timely submitted a Contract Claim pursuant to 1-09.11(2) CONTRACT <br /> CLAIMS and fulfilled the requirements of 1-08.3 PROGRESS SCHEDULE. <br /> 1-08.9 Liquidated Damages <br /> Delete the definition for "T" in the Liquidated Damages Formula and substitute the <br /> following: <br /> T = original time for Substantial Completion I <br /> Delete the fourth sentence of the fourth paragraph of 1-08.9 and substitute the following: <br /> For overruns in Contract Time occurring after the Physical Completion Date, liquidated <br /> damages shall be assessed at the rate of ten (10) percent of the amount computed by <br /> the formula in this section until the actual Physical Completion Date of all the Contract <br /> Work. <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 <br /> Surety whenever the Contractor is deemed to be in default or fails to fulfill, in a <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 /> 111 <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 /> Sewer Regulators R4 and Division 1 —GENERAL REQUIREMENTS May 2017 <br /> R39 Modifications <br /> WO No—UP3633 SP-104 I <br />