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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 – 122 <br />1-08.10(7) Contractor Obligations upon Termination <br />(******) <br />On receipt of notice of termination, the Contractor shall immediately discontinue the <br />Work but shall do such Extra Work as may be ordered by the City’s Representative or <br />City to safeguard the Work then completed and the materials and Equipment then <br />delivered to the site of the Work and to leave the Work in a safe and useful condition. <br />Payment for this Extra Work will be made in accordance with 1-09.4 EQUITABLE <br />ADJUSTMENT. <br />1-08.10(8) Ownership of Materials upon Termination <br />(******) <br />As of the termination date, whether effected by the City or Contractor as provided herein, <br />all the Contractor's right, title, and interest in and to materials ordered by the Contractor <br />prior to termination, whether or not they have been delivered to the site of Work, shall <br />be vested in the City, and the Contractor shall, upon demand of the City, execute and <br />deliver to the City all requisite bills of sale, assignments, and other documents of transfer <br />that may be necessary to give effect to the intention of the termination procedures set <br />forth above. <br />1-08.10(9) Opportunity to Cure <br />(******) <br />If the Contractor has not already had an opportunity to cure the default or breach the <br />City shall specify the default or breach and may provide a reasonable period of time to <br />allow the Contractor to cure the default or breach and opportunity to cure. The notice of <br />termination will state the time period, if any, in which cure is permitted and other <br />conditions as the City, in its sole judgment, shall deem appropriate. If (1) a time period <br />is so provided and if Contractor fails to remedy the breach or default or any of the terms, <br />covenants, or conditions of this Contract to the City’s satisfaction within the time period <br />specified or (2) no time period is provided, then the City shall have the right to terminate <br />the Contract without any further obligation to the Contractor. Any such termination for <br />default shall not in any way operate to preclude the City from also pursuing all available <br />remedies against Contractor and its sureties for said breach or default. <br />1-08.10(10) Waiver of Remedies for Any Breach <br />(******) <br />In the event that the City elects to waive its remedies for any breach by Contractor or <br />any covenant, term or condition of this Contract, such waiver by the City shall not limit <br />the City’s remedies for any succeeding breach of that or of any other term covenant, or <br />condition of this Contract. <br />1-08.10(11) Possession and Use of Completed Portions of the Work <br />(******) <br />The City shall have the right to take possession of and use completed or partially <br />completed portions of the Work even though the time for completing the Work for such <br />portions may not have expired. Operations and maintenance costs of use of such work <br />will be borne by the City. Such possession and use shall not be deemed as acceptance <br />of the Work. If such prior possession or use increases the cost of the Work, the <br />Contractor may be entitled to request extra compensation by giving Notice and following <br />the procedures of 1-04.5 NOTICE BY THE CONTRACTOR and 1-09.11 DISPUTES <br />AND CLAIMS within five calendar days of each occurrence. The Contractor shall not <br />submit a Contract Claim for possession by the City of portions of the Work specifically <br />required in the Contract Documents to be placed into use or operation or both before <br />completion of the entirety of the Work.