SRV Construction Company 5/1/2018

CITY OF EVERETT SPECIAL PROVISIONS If the City terminates this agreement for default, and it is thereafter determined that the Contractor had not so failed to perform its obligations or defaulted in any way, the termination shall then be deemed to have been made for the convenience of the City pursuant to 1-08.10(2) TERMINATION FOR PUBLIC CONVENIENCE. In that event, any adjustment of Contract Sum shall be in accordance with the Contract Documents. The Contractor covenants and agrees that in the event suit is instituted by the City ' for any default on the part of the Contractor and the Contractor is adjudged by court of competent jurisdiction to be in default, the Contractor shall pay to the City all costs, expenses expended or incurred by the City in connection therewith. ' 1-08.10(2) Termination for Public Convenience Delete all of 1-08.10(2) and substitute the following: Without prejudice to any other remedy it may have under law or the provisions of the Contract, or both, the City may terminate this Contract for convenience, with or without cause, in whole or in part, at any time by giving written Notice to the Contractor. Termination will be effective upon receipt of such Notice by the Contractor. The Contractor shall immediately discontinue work and take all reasonable steps with its suppliers and subcontractors to minimize cancellation charges and other costs. In the event of termination for convenience, the Contractor shall be compensated ' as provided in 1-09.5 DELETED OR TERMINATED WORK. The Contractor will be entitled to no further payments whatsoever for the Work. In the event of a breach or default by the Contractor, City may, at its sole option, terminate this Contract in whole or in part for convenience as provided herein. The City may pursue any and all contractual, legal and equitable remedies for such breach or default. Absent an express written agreement to the contrary, a ' termination for the City's convenience shall not be deemed a waiver or release of any rights by the City nor shall the City be estopped from any legal or equitable remedies that may be appropriate. ' Supplement 1-08.10 by adding the following: 1-08.10(6) Termination by Contractor after Suspension (******) If the Work has been wholly suspended pursuant to 1-08.6 SUSPENSION OF WORK for more than 90 calendar days as measured from the date of the Notice to suspend, then the Contractor may terminate this Contract by providing City with 14 calendar days' Notice that the Contractor shall deem the Contract to be terminated if the City does not provide Contractor with notice to resume Work within those 14 calendar days. Such termination shall be treated as a termination for the City's convenience pursuant to 1-08.10(2) TERMINATION FOR PUBLIC CONVENIENCE. ' 1-08.10(7) Contractor Obligations upon Termination On receipt of notice of termination, the Contractor shall immediately discontinue the ' Work but shall do such Extra Work as may be ordered by the City's Representative or City to safeguard the Work then completed and the materials and Equipment then delivered to the site of the Work and to leave the Work in a safe and useful condition. Payment for this Extra Work will be made in accordance with 1-09.4 EQUITABLE ADJUSTMENT. Water Main Replacement"Q" Division 1 —GENERAL REQUIREMENTS February 9, 2018 -Evergreen Way Rebid WO No—UP3612 SP—103