Laserfiche WebLink
1 <br /> CITY OF EVERETT PUBLIC WORKS 00 72 13 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS ' <br /> discontinue Work and take all reasonable steps with its suppliers and subcontractors to <br /> minimize cancellation charges and other costs. <br /> 2. In the event of termination for convenience, the Contractor shall be compensated as provided <br /> in 9.2.3. Deleted Work. The Contractor will be entitled to no further payments whatsoever <br /> for the Work. ' <br /> 3. In the event of a breach or default by the Contractor, Owner may, at its sole option, <br /> terminate this Contract in whole or in part for convenience as provided herein. The Owner <br /> may pursue any and all contractual, legal and equitable remedies for such breach or default. <br /> Absent an express written agreement to the contrary, a termination for the Owner's <br /> convenience shall not be deemed a waiver or release of any rights by the Owner nor shall the <br /> Owner be estopped from any legal or equitable remedies that may be appropriate. <br /> C. Termination by Contractor after Suspension <br /> 1. If the Work has been wholly suspended pursuant to 5.3. Suspension Procedures for more <br /> than ninety (90)days as measured from the date of the notice to suspend,then the Contractor <br /> may terminate this Contract by providing Owner with ten (10) days' Notice that the <br /> Contractor shall deem the Contract to be terminated if the Owner does not provide ' <br /> Contractor with notice to resume Work within those ten(10) days. Such termination shall be <br /> treated as a termination for the Owner's convenience pursuant to 5.4.B Termination for <br /> Convenience. <br /> D. Contractor Obligations upon Termination <br /> I. On receipt of notice of termination, the Contractor shall immediately discontinue the Work <br /> but shall do such Extra Work as may be ordered by the Owner's Representative or Owner to <br /> safeguard the Work then completed and the materials and Equipment then delivered to the <br /> Site of the Work and to leave the Work in a safe and useful condition. Payment for this <br /> Extra Work will be made in accordance with 9.2. Payment For Changes. I <br /> E. Ownership of Materials upon Termination <br /> 1. As of the termination date, whether effected by the Owner or Contractor as provided herein, <br /> all the Contractor's right, title, and interest in and to materials ordered by the Contractor prior <br /> to termination, whether or not they have been delivered to the Site of Work, shall be vested <br /> in the Owner, and the Contractor shall, upon demand of the Owner, execute and deliver to <br /> the Owner all requisite bills of sale, assignments, and other documents of transfer that may <br /> be necessary to give effect to the intention of the termination procedures set forth above. <br /> F. Opportunity to Cure <br /> 1. If the Contractor has not already had an opportunity to cure the default or breach the Owner <br /> shall specify the default or breach and a reasonable period of time to allow the Contractor to <br /> cure the default or breach. The notice of termination will state the time period in which cure <br /> is permitted and other conditions as the Owner, in its sole judgment, shall deem appropriate. <br /> If Contractor fails to remedy the breach or default or any of the terms, covenants, or <br /> conditions of this Contract to the Owner's satisfaction within the time period specified or the <br /> Owner shall have the right to terminate the Contract without any further obligation to the <br /> Contractor. Any such termination for default shall not in any way operate to preclude the <br /> Owner from also pursuing all available remedies against Contractor and its sureties for said <br /> breach or default. <br /> G. Waiver of Remedies for Any Breach <br /> 1 <br /> Legion Golf Course Stormwater Detention Project November 28, 2017 <br /> WO#UP3620 00 72 13 -26 , <br />