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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br />Water Main Replacement “Y” – Ph 1 Div 1 – GENERAL REQMTS March 2024 <br />Work Order No. UP 3814 SP-119 <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 <br />days’ Notice that the Contractor shall deem the Contract to be terminated if the City <br />does not provide Contractor with notice to resume Work within those 14 calendar days. <br />Such termination shall be treated as a termination for the City’s convenience pursuant <br />to 1-08.10(2) TERMINATION FOR PUBLIC CONVENIENCE. <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 <br />herein, all the Contractor's right, title, and interest in and to materials ordered by the <br />Contractor prior to termination, whether or not they have been delivered to the site of <br />Work, shall be vested in the City, and the Contractor shall, upon demand of the City, <br />execute and deliver to the City all requisite bills of sale, assignments, and other <br />documents of transfer that may be necessary to give effect to the intention of the <br />termination procedures set 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. The notice of termination will state <br />the time period, if any, in which cure is permitted and other conditions as the City, in its <br />sole judgment, shall deem appropriate. If (1) a time period is so provided and if <br />Contractor fails to remedy the breach or default or any of the terms, covenants, or <br />conditions of this Contract to the City’s satisfaction within the time period specified or <br />(2) no time period is provided, then the City shall have the right to terminate the <br />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 <br />available 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.