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Federal Transit Administration Clauses <br />21 <br />29.SEISMIC SAFETY <br />The Seismic Safety requirements apply only to contracts for the construction of new buildings or additions <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 />30.SUBSTANCE ABUSE REQUIREMENTS – NOT APPLICABLE <br />31.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 affected 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 or Default (Architect and Engineering) <br />The City of Everett may terminate this contract in whole or in part, for the City’s convenience or <br />because of the failure of the Contractor to fulfill the contract obligations. The City shall terminate by <br />delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date <br />of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all <br />services affected (unless the notice directs otherwise), and (2) deliver to the City‘s Procurement <br />Professional all data, drawings, specifications, reports, estimates, summaries, and other information <br />and materials accumulated in performing this contract, whether completed or in process. The City of <br />Everett has a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or <br />otherwise use, all such data, drawings, specifications, reports, estimates, summaries, and other <br />information and materials. <br />If the termination is for the convenience of the City, the City’s Procurement Professional shall make <br />an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed <br />services. <br />If the termination is for failure of the Contractor to fulfill the contract obligations, the City may <br />complete the work by contact or otherwise and the Contractor shall be liable for any additional cost <br />incurred by the City. <br />If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was <br />not in default, the rights and obligations of the parties shall be the same as if the termination had <br />been issued for the convenience of the City. <br />B.Opportunity to Cure (General Provision)