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CITY OF EVERETT SPECIAL PROVISIONS <br />LS47-Beverly Lake Sewer Replacement Division 1 – GENERAL REQUIREMENTS January 30, 2025 <br />WO No – UP3529 SP – 115 <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 <br />be vested in the City, and the Contractor shall, upon demand of the City, execute and <br />deliver to the City all requisite bills of sale, assignments, and other documents of transfer <br />that may be necessary to give effect to the intention of the termination procedures set <br />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 (2) <br />no time period is provided, then the City shall have the right to terminate the Contract