Laserfiche WebLink
1 <br /> CITY OF EVERETT SPECIAL PROVISIONS <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 /> 111 <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. <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 ninety (90) calendar days as measured from the date of the Notice to <br /> suspend, then the Contractor may terminate this Contract by providing City with <br /> fourteen (14) calendar days' Notice that the Contractor shall deem the Contract to be <br /> terminated if the City does not provide Contractor with notice to resume Work within <br /> those fourteen (14) calendar days. Such termination shall be treated as a termination <br /> for the City's convenience pursuant to 1-08.10(2) TERMINATION FOR PUBLIC <br /> 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 /> Work, shall be vested in the City, and the Contractor shall, upon demand of the City, <br /> execute and deliver to the City all requisite bills of sale, assignments, and other <br /> documents of transfer that may be necessary to give effect to the intention of the <br /> termination procedures set 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 a reasonable period of time to allow the <br /> Sewer Regulators R4 and Division 1 —GENERAL REQUIREMENTS May 2017 <br /> R39 Modifications <br /> WO No—UP3633 SP-106 , <br />