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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 />