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Federal Transit Administration Clauses <br />28. SEISMIC SAFETY <br />The Seismic Safety requirements apply only to contracts for the construction of new buildings oradditions <br />to existing buildings. This clause flows down from FTA recipients and subrecipients to first tier <br />contractors to assure compliance with the applicable building standards for Seismic Safety, including the <br />work performed by all subcontractors. <br />The contractor agrees that any new building or addition to an existing building will be designed and <br />constructed in accordance with the standards for Seismic Safety required in Department of <br />Transportation (DOT) Seismic Safety Regulations 49 C.F.R. part 41 and will certify to compliance to the <br />extent required by the regulation. The contractor also agrees to ensure that all work performed under <br />this contract, including work performed by a subcontractor, is in compliance with the standards required <br />by the Seismic Safety regulations and the certification of compliance issued on the project. <br />29. SUBSTANCE ABUSE REQUIREMENTS (NOT APPLICABLE) <br />This clause applies to third party contractors who perform safety -sensitive functions must comply with <br />FTA's substance abuse management program under 49 C.F.R. part 655, "Prevention of Alcohol Misuse <br />and Prohibited Drug Use in Transit Operations." This clause flows down to all third -party contractors at <br />every tier who perform a safety -sensitive function for the City of Everett. <br />30. TERMINATION <br />All contracts in excess of $10,000 must address the termination for cause and for convenience, including <br />the manner by which it will be effected and the basis for settlement. This clause extends to all third -party <br />contractors and their contracts at every tier and subrecipients and their subcontracts at every tier. <br />a. Termination for Convenience <br />The City of Everett may terminate this contract, in whole or in part, at any time by written <br />notice to the Contractor when it is in the City's best interest. The Contractor shall be paid its <br />costs, including contract close-out costs, and profit on work performed up to the time of <br />termination. The Contractor shall promptly submit its termination claim to the City. If the <br />Contractor has any property in its possession belonging to the City of Everett, the Contractor will <br />account for the same, and dispose or return of it in the manner the City directs. <br />If the contract elsewhere has one or more termination for convenience provisions in addition to <br />this Section 29.a, then the City may select the termination for convenience provision for the <br />termination that the City deems most advantageous to the City. <br />b. Termination for Default [Breach or Cause' <br />If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence <br />that will ensure its completion within the time specified in this contract or any extension or fails <br />to complete the work within this time, or if the Contractor fails to comply with any other <br />provision of this contract, the City of Everett may terminate this contract for default. The City <br />shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of <br />the default. In this event, the City may take over the work and compete it by contract or <br />otherwise, and may take possession of and use any materials, appliances, and plant on the work <br />22 <br />