Section 835-RICR-30-00-1.13 - Continuation, Modification, and Termination of Contracts1.13.1 Continuation of ContractsA. The NBC shall generally negotiate the continuation of contracts for planning, design, and resident engineering services, which is consistent with Environmental Protection Agency Regulations. Firms that have been competitively selected for planning and/or preliminary engineering services on projects shall be considered for such design and construction engineering contracts if the NBC is satisfied with their work. The negotiations shall be based upon person hour projections and/or estimated number of design sheets utilizing unit costs as accepted within the trade, and EPA approved or equivalent overhead rates.B. The NBC always reserves the right to seek proposals rather than continue contracts when and where the Chief Purchasing Officer determines that it would be in the NBC's best interest to do so.1.13.2 Modification of ContractsThe NBC may require clauses in its contracts to which it is a party permitting changes or modifications by the NBC.
1.13.3Termination of ContractsA. The NBC may provide that a contract be terminated for default of the vendor and may provide for liquidated damages.B. The NBC may provide that a contract be terminated for the convenience of the NBC or the vendor and in such cases shall provide appropriate adjustments in price, including, where applicable, reimbursement for the reasonable value of any non-recurring costs incurred but not amortized in the price of any item, service, or construction delivered under the contract.C. In accordance with R.I. Gen. Laws § 37-2-43, the Chief Purchasing Officer shall terminate a contract upon notification by the Director of the Department of Environmental Management that there has been a final adjudication or other resolution, as a result of which a fine of five thousand dollars ($5,000) or more has been imposed, that a contractor has violated any state law or regulation pertaining to the protection of fresh water wetlands (R.I. Gen. Laws Chapter 2-1), coastal wetlands, (R.I. Gen. Laws Chapter 46-23), air quality (R.I. Gen. Laws Chapter 23-23), water quality (R.I. Gen. Laws Chapter 46-12), the installation of individual sewage disposal systems (R.I. Gen. Laws Chapter 42-17.1), the handling and/or disposal of solid waste (R.I. Gen. Laws Chapter 23-19), or hazardous waste (R.I. Gen. Laws Chapter 23-19.1), whether or not such violation has any relation to the contract to be terminated.835 R.I. Code R. 835-RICR-30-00-1.13