Interwest Construction Inc. 7/22/2020

I CITY OF EVERETT SPECIAL PROVISIONS [Modified per Addendum #1] 111 any and all Contractor owned equipment for so long as retained and used by the City. City shall credit Contractor for all materials and supplies on site or on order, but not yet paid for by City, provided that ownership is transferred and assigned to the City and the materials and supplies conform to the requirements of the Contract Documents. If the unpaid balance of the Contract Sum exceeds the direct and indirect cost of the completed Work, including construction management services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor shall pay the difference to the City. Such costs incurred by the City will be verified by the City's Representative and incorporated into a Change Order, but in finishing the Work, the City may negotiate for materials, Equipment and services to complete the Work and will not be required to obtain the lowest figure for Work performed. Where the Contractor services have been so terminated by the City, the termination shall not affect rights of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies due the Contractor by the City will not release the Contractor from liability. In exercising the Contracting Agency's right to prosecute the Physical Completion of the Work, the Contracting Agency shall have the right to exercise its sole discretion as to the manner, method, and reasonableness of the costs of completing the Work. In the event that the Contracting Agency takes Bids for remedial Work or Physical Completion of the project, the Contractor shall not be eligible for the Award of such Contracts.[Added per Addendum 11 If the City terminates this agreement for default, and it is thereafter determined that the Contractor had not so failed to perform its obligations or defaulted in any way, the termination shall then be deemed to have been made for the convenience of the City pursuant to 1-08.10(2) TERMINATION FOR PUBLIC CONVENIENCE. In that event, any adjustment of Contract Sum shall be in accordance with the Contract Documents. The Contractor covenants and agrees that in the event suit is instituted by the City for any default on the part of the Contractor and the Contractor is adjudged by court of competent jurisdiction to be in default, the Contractor shall pay to the City all costs, expenses expended or incurred by the City in connection therewith. 1-08.10(2) Termination for Public Convenience Delete all of 1-08.10(2) and substitute the following: Without prejudice to any other remedy it may have under law or the provisions of the Contract, or both, the City may terminate this Contract for convenience, with or without cause, in whole or in part, at any time by giving written Notice to the Contractor. Termination will be effective upon receipt of such Notice by the Contractor. The Contractor shall immediately discontinue work and take all reasonable steps with its suppliers and subcontractors to minimize cancellation charges and other costs. 111 In the event of termination for convenience, the Contractor shall be compensated as provided in 1-09.5 DELETED OR TERMINATED WORK. The Contractor will be entitled to no further payments whatsoever for the Work. 111 In the event of a breach or default by the Contractor, City may, at its sole option, terminate this Contract in whole or in part for convenience as provided herein. The City may pursue any and all contractual, legal and equitable remedies for Sewer 0 Division 1 —GENERAL REQUIREMENTS Addendum No. 1 WO No—UP3691 SP—114 May 2020