R L Alia Company 5/4/2017 - Laserfiche WebLink

I 1-08.10 Termination of Contract , 1-08.10(1) Termination for Default Delete all of 1-08.10(1)and substitute the following: The City may terminate the Contract upon written notice to Contractor and its Surety whenever the Contractor is deemed to be in default or fails to fulfill, in a timely and proper manner, one or more Contract obligations, or is in violation of any provisions or covenants of the Contract. Termination shall be effective upon Contractor's and Surety's receipt of such notice For purposes of this section, the Contractor shall be deemed to be in default upon the occurrence of one or more of the following events: 1. If Contractor is bankrupt or insolvent. 2. If Contractor makes a general assignment for the benefit of creditors. 3. If a trustee or receiver is appointed for Contractor,or for any of Contractor's property. 4. If Contractor files a petition to take advantage of any debtor's law,or to reorganize under any bankruptcy chapter or law. 5. If Contractor repeatedly fails to make prompt payments to subcontractors or others for labor,materials,or Equipment. 6. If Contractor disregards laws,ordinances,rules,regulations,or orders of public bodies having jurisdiction. 7. If Contractor disregards the authority of the City or City's Representative. 111 8. If Contractor substantially violates the provisions of the Contract Documents or fails,neglects,or refuses to proceed in compliance with the provisions of the Contract Documents. 9. If the Contractor made material misrepresentations to the City with respect to: (a)its qualifications or those of its subcontractors;(b)its or its subcontractors' ability to perform the Work in a timely,workmanlike manner; (c)the materials installed or to be installed;or(d)progress pay estimates. After termination of the Contractor for default, the City may transfer performance of the Work to the Contractor's Surety or elect to prosecute to completion by contract or 111 otherwise. If the City chooses to provide such sufficiency of labor or materials as required to complete the Work, the City may exclude the Contractor from the site and take possession of the Work and all of the Contractor's tools, appliances, owned or rented construction equipment, and machinery at the site and use the same to the full extent they could be used by the Contractor. The City may incorporate in the Work all materials and Equipment stored at the site or for which the City has paid the Contractor, but which are not yet on site. In such case, the Contractor will not be entitled to receive any further payment until the Work is finished. At the City's sole option, Contractor shall assign and transfer any contractual rights to material and Equipment to be installed, incorporated, or used in the performance of the Work. City shall credit Contractor for the reasonable fair market rental value of any and all Contractor owned equipment for so long as retained and used by the City. City shall credit Contractor for all materials and supplies on site or on order, but not yet paid for by City,provided that ownership is transferred and assigned to the City and the materials and supplies conform to the requirements of the Contract Documents. If the unpaid balance of the Contract Sum exceeds the direct and indirect cost of the completed Work, including construction management services, such excess shall be paid HAVES STREET REGULATOR February, 2017 AND CSO CONTROLS(SRO1,SRO2,AND SRO3) WO No—UP3398-31 SP- 111 1