Quilceda Excavation 8/1/2022 - Laserfiche WebLink

CITY OF EVERETT SPECIAL PROVISIONS breach or default. Absent an express written agreement to the contrary, a termination for the City's convenience shall not be deemed a waiver or release of any rights by the City nor shall the City be estopped from any legal or equitable ' remedies that may be appropriate. Supplement 1-08.10 by adding the following: 1-08.10(6) Termination by Contractor after Suspension ' (******) If the Work has been wholly suspended pursuant to 1-08.6 SUSPENSION OF WORK for more than 90 calendar days as measured from the date of the Notice to suspend, then the Contractor may terminate this Contract by providing City with 14 calendar days' Notice that the Contractor shall deem the Contract to be terminated if the City does not provide Contractor with notice to resume Work within those 14 calendar days. Such termination shall be treated as a termination for the City's convenience pursuant to 1- 08.10(2) TERMINATION FOR PUBLIC CONVENIENCE. 1-08.10(7) Contractor Obligations upon Termination ' (******) On receipt of notice of termination, the Contractor shall immediately discontinue the Work but shall do such Extra Work as may be ordered by the City's Representative or City to safeguard the Work then completed and the materials and Equipment then delivered to the site of the Work and to leave the Work in a safe and useful condition. Payment for this Extra Work will be made in accordance with 1-09.4 EQUITABLE ADJUSTMENT. 1-08.10(8) Ownership of Materials upon Termination (******) As of the termination date, whether effected by the City or Contractor as provided herein, all the Contractor's right, title, and interest in and to materials ordered by the Contractor prior to termination, whether or not they have been delivered to the site of Work, shall be vested in the City, and the Contractor shall, upon demand of the City, execute and deliver to the City all requisite bills of sale, assignments, and other documents of transfer that may be necessary to give effect to the intention of the termination procedures set forth above. 1-08.10(9) Opportunity to Cure (******) If the Contractor has not already had an opportunity to cure the default or breach the City shall specify the default or breach and a reasonable period of time to allow the Contractor to cure the default or breach. The Notice of termination will state the time period in which cure is permitted and other conditions as the City, in its sole judgment, shall deem appropriate. If Contractor fails to remedy the breach or default or any of the terms, covenants, or conditions of this Contract to the City's satisfaction within the time period specified or the City shall have the right to terminate the Contract without any further obligation to the Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. 1-08.10(10) Waiver of Remedies for Any Breach (******) In the event that the City elects to waive its remedies for any breach by Contractor or any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term covenant, or condition of this Contract. ' Water Main Replacement"W" Division 1 —GENERAL REQUIREMENTS April, 2022 WO No.—UP3766 SP—106