Laserfiche WebLink
1 <br /> CITY OF EVERETT SPECIAL PROVISIONS <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 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. The <br /> City may pursue any and all contractual, legal and equitable remedies for such <br /> 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. I <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 days' <br /> Notice that the Contractor shall deem the Contract to be terminated if the City does not <br /> provide Contractor with notice to resume Work within those 14 calendar days. Such <br /> termination shall be treated as a termination for the City's convenience pursuant to 1- <br /> 08.10(2) TERMINATION FOR PUBLIC CONVENIENCE. <br /> 1-08.10(7)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 herein, <br /> all the Contractor's right. title, and interest in and to materials ordered by the Contractor <br /> prior to termination, whether or not they have been delivered to the site of Work, shall <br /> be vested in the City, and the Contractor shall, upon demand of the City, execute and <br /> deliver to the City all requisite bills of sale, assignments. and other documents of transfer <br /> that may be necessary to give effect to the intention of the termination procedures set <br /> 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 the <br /> terms, covenants, or conditions of this Contract to the City's satisfaction within the time <br /> period specified or the City shall have the right to terminate the Contract without any <br /> Cleveland Avenue Division 1 —GENERAL REQUIREMENTS November 2018 <br /> Sewer System Replacement and <br /> Storm Water Separation <br /> WO No. UP3398 SP -126 <br /> 1 <br />