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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br /> <br /> <br /> <br /> Division 1 <br />Everett Mall Bus Platform General Requirements December 2024 <br />WO No – MALLSTN/24462 SP-76 <br />After termination of the Contractor for default, the City may transfer performance of <br />the Work to the Contractor's Surety or elect to prosecute to completion by contract or <br />otherwise. <br />If the City chooses to provide such sufficiency of labor or materials as required to <br />complete the Work, the City may exclude the Contractor from the site and take <br />possession of the Work and all of the Contractor's tools, appliances, owned or rented <br />construction equipment, and machinery at the site and use the same to the full extent <br />they could be used by the Contractor. The City may incorporate in the Work all <br />materials and Equipment stored at the site or for which the City has paid the <br />Contractor, but which are not yet on site. In such case, the Contractor will not be <br />entitled to receive any further payment until the Work is finished. At the City’s sole <br />option, Contractor shall assign and transfer any contractual rights to material and <br />Equipment to be installed, incorporated, or used in the performance of the Work. City <br />shall credit Contractor for the reasonable fair market rental value of any and all <br />Contractor owned equipment for so long as retained and used by the City. City shall <br />credit Contractor for all materials and supplies on site or on order, but not yet paid for <br />by City, provided that ownership is transferred and assigned to the City and the <br />materials and supplies conform to the requirements of the Contract Documents. <br />If the unpaid balance of the Contract Sum exceeds the direct and indirect cost of the <br />completed Work, including construction management services, such excess shall be <br />paid to the Contractor. If such costs exceed such unpaid balance, the Contractor <br />shall pay the difference to the City. Such costs incurred by the City will be verified by <br />the City’s Representative and incorporated into a Change Order, but in finishing the <br />Work, the City may negotiate for materials, Equipment and services to complete the <br />Work and will not be required to obtain the lowest figure for Work performed. <br />Where the Contractor services have been so terminated by the City, the termination <br />shall not affect rights of the City against the Contractor then existing or which may <br />thereafter accrue. Any retention or payment of monies due the Contractor by the City <br />will not release the Contractor from liability. <br />In exercising the City’s right to prosecute the Physical Completion of the Work, the <br />City shall have the right to exercise its sole discretion as to the manner, method, and <br />reasonableness of the costs of completing the Work. In the event that the City takes <br />Bids for remedial Work or Physical Completion of the project, the Contractor shall not <br />be eligible for the Award of such Contracts. <br />If the City terminates this agreement for default, and it is thereafter determined that <br />the Contractor had not so failed to perform its obligations or defaulted in any way, the <br />termination shall then be deemed to have been made for the convenience of the City <br />pursuant to 1-08.10(2) TERMINATION FOR PUBLIC CONVENIENCE. In that event, <br />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: