Laserfiche WebLink
CITY OF EVERETT SPECIAL PROVISIONS <br /> CONVENIENCE. In that event, any adjustment of Contract Sum shall be in <br /> accordance with the Contract Documents. <br /> The Contractor covenants and agrees that in the event suit is instituted by the <br /> City for any default on the part of the Contractor and the Contractor is adjudged <br /> by court of competent jurisdiction to be in default, the Contractor shall pay to the <br /> City all 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 <br /> or 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 <br /> be 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. <br /> The City may pursue any and all contractual, legal and equitable remedies for <br /> such 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 /> Water Main Replacement R Division 1 —GENERAL REQUIREMENTS March 1, 2017 <br /> WO No—UP3646 SP—97 <br />