8.
TERMINATION OF CONTRACT
A.
TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. ‘The City, in its sole discretion,
shall have the right to terminate, abandon, or suspend all or part of the project and
contract at will. If the City chooses to terminate, abandon, or suspend all or part of the
project, it shall provide Contractor 10 day's written notice of its intent to do so.
If all or part of the project is suspended for more than 90 days, the suspension shall be
treated as a termination at will of all or part of the project and contract.
Upon receipt of notice of termination, abandonment, or suspension at will, Contractor
shall:
1. Immediately discontinue work on the date and to the extent specified in the
notice.
2. Place no further orders or subcontracts for materials, services, or facilities, other
than as may be necessary or required for completion of such portion of work
under the contract that is not terminated.
3. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of all orders or subcontracts to the extent they relate to the
performance of work terminated, abandoned, or suspended under the notice,
assign to the City any orders or subcontracts specified in the notice, and revoke
agreements specified in the notice.
4. Not resume work after the effective date of a notice of suspension until receipt of
a written notice from the City to resume performance.
In the event of a termination, abandonment, or suspension at will, Contractor shall
receive all amounts due and not previously paid to Contractor for work satisfactorily
completed in accordance with the contract prior to the date of the notice and
compensation for work thereafter completed as specified in the notice. No amount shall
be allowed or paid for anticipated profit on unperformed services or other unperformed
work.
TERMINATION FOR CAUSE. This agreement may be terminated by the City on 10 calendar
day’s written notice to Contractor in the event of a failure by Contractor to adhere to all
the terms and conditions of the contract or for failure to satisfactorily, in the sole opinion
of the City, pursue the project or to complete work in a timely and professional manner.
Contractor shall be given an opportunity for consultation with the City prior to the effective
date of the termination. Contractor may terminate the contract on 10 calendar days
written notice if, through no fault of Contractor, the City fails to pay Contractor for 30 days
after the date of approval of any submitted invoice forms and progress reports
In the event of a termination for cause, Contractor shall receive all amounts due and not
previously paid to Contractor for work satisfactorily completed in accordance with the
contract prior to the date of the notice, less all previous payments. No amount shall be
allowed or paid for anticipated profit on unperformed services or other unperformed work.
Any such payment may be adjusted to the extent of any additional costs occasioned to
the City by reasons of Contractor's failure. Contractor shall not be relieved of liability to
the City for damages sustained from the failure, and the City may withhold any payment
to the Contractor until such time as the exact amount of damages due to the City is
determined. All claims for payment by the Contractor must be submitted to the City
within 30 days of the effective date of the notice of termination
if after termination for the failure of Contractor to adhere to all the terms and conditions of
the contract or for failure to satisfactorily, in the sole opinion of the City, pursue the
project or to complete work in a timely and professional manner, it is determined that
Contractor had not so failed, the termination shall be deemed to have been a termination
at will. In that event, the City shall make an equitable adjustment in the compensation
GC -30f8
