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Federal Transit Administration Clauses <br /> <br />21 <br /> <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 (General Provision) <br />The City of Everett may terminate this contract, in whole or in part, at any time by written notice <br />to the Contractor when it is in the City’s best interest. The Contractor shall be paid its costs, <br />including contract close-out costs, and profit on work performed up to the time of termination. The <br />Contractor shall promptly submit its termination claim to the City. If the Contractor has any property <br />in its possession belonging to the City of Everett, the Contractor will account for the same, and <br />dispose or return of it in the manner the City directs. <br />If the contract elsewhere has one or more termination for convenience provisions in addition to this <br />Section, then the City may select the termination for convenience provision for the termination that <br />the City deems most advantageous to the City. <br />B. Termination for Default [Breach or Cause] (General Provision) <br />If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if <br />the contract is for services, the Contractor fails to perform in the manner called for in the contract, <br />or if the Contractor fails to comply with any other provisions of the contract, the City may <br />terminate this contract for default. Termination shall be effected by serving a Notice of Termination <br />on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will <br />be paid only the contract price for supplies delivered and accepted, or services performed in <br />accordance with the manner of performance set forth in the contract. <br />If it is later determined by the City that the Contractor had an excusable reason for not performing, <br />such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the <br />Contractor, the City, after setting up a new delivery of performance schedule, may allow the <br />Contractor to continue work, or treat the termination as a Termination for Convenience. <br />If the contract elsewhere has one or more termination for default/breach/cause provisions in <br />addition to this Section, then the City may select the termination provision for the termination that <br />the City deems most advantageous to the City.