Rodarte Construction 4/29/2019 - Laserfiche WebLink

r ' CITY OF EVERETT SPECIAL PROVISIONS will be granted only as provided in the Contract Documents and to the extent that ' affected critical activities exceed the Total Float time along the affected paths of the reviewed Preliminary Schedule at the time the change was authorized in writing by the City. Contractor has the burden of clearly and convincingly demonstrating entitlement ' to any adjustment of Contract Time. If the City is solely responsible for any Delay to Substantial Completion, Physical Completion, Completion Date, or Final Acceptance, the Contractor shall only be entitled to compensation or other damages as described in 1-09.11A REMEDIES, provided that Contractor timely gave Notice pursuant to 1-04.5 NOTICE BY CONTRACTOR, timely submitted a Contract Claim pursuant to 1-09.11(2) CONTRACT CLAIMS and fulfilled the requirements of 1-08.3 PROGRESS SCHEDULE. ' 1-08.9 Liquidated Damages Revise the fourth paragraph of 1-08.9 to read as follows: When the Contract Work has progressed to Substantial Completion as defined in the Contract, the Engineer may determine that the work is Substantially Complete. The Engineer will notify the Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring after the date so established, the formula for ' liquidated damages shown above will not apply. For overruns in Contract time occurring after the Substantial Completion Date, liquidated damages shall be assessed on the basis of direct engineering and related costs assignable to the project until the ' actual Physical Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. Upon request by the Project Engineer, the Contractor shall furnish a written schedule for completing the physical Work on the Contract. ' 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. Alverson Stormwater Separation February, 2019 WO No-UP3660 Division 1 -GENERAL REQUIREMENTS SP-103