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CITY OF EVERETT SPECIAL PROVISIONS <br />Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 <br />WO No – UP3745 SP – 121 <br />Where the Contractor services have been so terminated by the City, the termination <br />shall not affect rights of the City against the Contractor then existing or which may <br />thereafter accrue. Any retention or payment of monies due the Contractor by the <br />City will not release the Contractor from liability. <br />In exercising the City’s right to prosecute the Physical Completion of the Work, the <br />City shall have the right to exercise its sole discretion as to the manner, method, <br />and reasonableness of the costs of completing the Work. In the event that the City <br />takes Bids for remedial Work or Physical Completion of the project, the Contractor <br />shall not be eligible for the Award of such Contracts. <br /> <br />If the City terminates this agreement for default, and it is thereafter determined that <br />the Contractor had not so failed to perform its obligations or defaulted in any way, <br />the termination shall then be deemed to have been made for the convenience of <br />the City pursuant to 1-08.10(2) TERMINATION FOR PUBLIC CONVENIENCE. In <br />that event, any adjustment of Contract Sum shall be in accordance with the Contract <br />Documents. <br />The Contractor covenants and agrees that in the event suit is instituted by the City <br />for any default on the part of the Contractor and the Contractor is adjudged by court <br />of competent jurisdiction to be in default, the Contractor shall pay to the City all <br />costs, expenses expended or incurred by the City in connection therewith. <br />1-08.10(2) Termination for Public Convenience <br />Delete all of 1-08.10(2) and substitute the following: <br />Without prejudice to any other remedy it may have under law or the provisions of <br />the Contract, or both, the City may terminate this Contract for convenience, with or <br />without cause, in whole or in part, at any time by giving written Notice to the <br />Contractor. Termination will be effective upon receipt of such Notice by the <br />Contractor. The Contractor shall immediately discontinue work and take all <br />reasonable steps with its suppliers and subcontractors to minimize cancellation <br />charges and other costs. <br />In the event of termination for convenience, the Contractor shall be compensated <br />as provided in 1-09.5 DELETED OR TERMINATED WORK. The Contractor will be <br />entitled to no further payments whatsoever for the Work. <br />In the event of a breach or default by the Contractor, City may, at its sole option, <br />terminate this Contract in whole or in part for convenience as provided herein. The <br />City may pursue any and all contractual, legal and equitable remedies for such <br />breach or default. Absent an express written agreement to the contrary, a <br />termination for the City’s convenience shall not be deemed a waiver or release of <br />any rights by the City nor shall the City be estopped from any legal or equitable <br />remedies that may be appropriate. <br />Supplement 1-08.10 by adding the following: <br />1-08.10(6) Termination by Contractor after Suspension <br />(******) <br />If the Work has been wholly suspended pursuant to 1-08.6 SUSPENSION OF WORK <br />for more than 90 calendar days as measured from the date of the Notice to suspend, <br />then the Contractor may terminate this Contract by providing City with 14 calendar days’ <br />Notice that the Contractor shall deem the Contract to be terminated if the City does not <br />provide Contractor with notice to resume Work within those 14 calendar days. Such <br />termination shall be treated as a termination for the City’s convenience pursuant to 1- <br />08.10(2) TERMINATION FOR PUBLIC CONVENIENCE.