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CITY OF EVERETT SPECIAL PROVISIONS <br />3rd Ave Water Quality Facility Division 1 – GENERAL REQUIREMENTS September 20, 2024 <br />WO No – UP3775 SP – 105 <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. <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