Laserfiche WebLink
CITY OF EVERETT SPECIAL PROVISIONS <br /> 1-08.10(7) Contractor Obligations upon Termination <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 /> Contractor to cure the default or breach. The Notice of termination will state the time <br /> period in which cure is permitted and other conditions as the City, in its sole judgment, <br /> ' shall deem appropriate. If Contractor fails to remedy the breach or default or any of <br /> the terms, covenants, or conditions of this Contract to the City's satisfaction within the <br /> time period specified or the City shall have the right to terminate the Contract without <br /> any further obligation to the Contractor. Any such termination for default shall not in <br /> any way operate to preclude the City from also pursuing all available remedies against <br /> Contractor and its sureties for said breach or default. <br /> 1-08.10(10) Waiver of Remedies for Any Breach <br /> (******) <br /> In the event that the City elects to waive its remedies for any breach by Contractor or <br /> any covenant, term or condition of this Contract, such waiver by the City shall not limit <br /> ' the City's remedies for any succeeding breach of that or of any other term covenant, or <br /> condition of this Contract. <br /> 1-08.10(11) Possession and Use of Completed Portions of the Work <br /> (******) <br /> The City shall have the right to take possession of and use completed or partially <br /> completed portions of the Work even though the time for completing the Work for such <br /> ' portions may not have expired. Operations and maintenance costs of use of such <br /> work will be borne by the City. Such possession and use shall not be deemed as <br /> acceptance of the Work. If such prior possession or use increases the cost of the <br /> ' Work, the Contractor may be entitled to request extra compensation by giving Notice <br /> and following the procedures of 1-04.5 NOTICE BY THE CONTRACTOR and 1-09.11 <br /> DISPUTES AND CLAIMS within five calendar days of each occurrence. The <br /> Contractor shall not submit a Contract Claim for possession by the City of portions of <br /> the Work specifically required in the Contract Documents to be placed into use or <br /> operation or both before completion of the entirety of the Work. <br /> Water Main Replacement"S" Division 1 -GENERAL REQUIREMENTS January 29, 2018 <br /> WO No-UP3664 SP-103 <br /> 1 <br />