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

I 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. 1-08.10(8) Ownership of Materials upon Termination (******) As of the termination date, whether effected by the City or Contractor as provided herein, all the Contractor's right, title, and interest in and to materials ordered by the Contractor prior to termination,whether or not they have been delivered to the site of Work, shall be vested in the City, and the Contractor shall, upon demand of the City, execute and deliver to the City all requisite bills of sale, assignments, and other documents of transfer that may be necessary to give effect to the intention of the termination procedures set forth above. 1-08.10(9) Opportunity to Cure (******) If the Contractor has not already had an opportunity to cure the default or breach the City shall specify the default or breach and a reasonable period of time to allow the Contractor to cure the default or breach. The Notice of termination will state the time period in which cure is permitted and other conditions as the City, in its sole judgment, shall deem appropriate. If Contractor fails to remedy the breach or default or any of the terms, covenants,or conditions of this Contract to the City's satisfaction within the time period specified or the City shall have the right to terminate the Contract without any further obligation to the Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. 1-08.10(10) Waiver of Remedies for Any Breach 111 (******) In the event that the City elects to waive its remedies for any breach by Contractor or any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term covenant, or condition of this Contract. 1-08.10(11) Possession and Use of Completed Portions of the Work (******) The City shall have the right to take possession of and use completed or partially completed portions of the Work even though the time for completing the Work for such portions may not have expired. Operations and maintenance costs of use of such work will be borne by the City. Such possession and use shall not be deemed as acceptance of the Work. If such prior possession or use increases the cost of the Work,the Contractor may be entitled to request extra compensation by giving Notice and following the procedures of 1-04.5 NOTICE BY THE CONTRACTOR and 1-09.11 DISPUTES AND CLAIMS within five (5)calendar days of each occurrence. The Contractor shall not submit a Contract Claim for possession by the City of portions of the Work specifically required in the Contract Documents to be placed into use or operation or both before completion of the entirety of the Work. 1-08.10(12) Possession of Incomplete Portions of the Project (******) Should the Contractor fail to meet any date specified for Substantial Completion or Physical Completion of Work or any portion of Work requiring early possession and use by the City,the City may, after a 14 calendar day Notice to the Contractor,take over such portion or any Work that is behind schedule. In such case, the City's Representative will prepare a list of incomplete Work taken over by the City. The cost of City's work will be charged to and deducted from amounts due to the Contractor. The Substantial Completion date of the entire or a portion of the Project will be established as the date when the City actually begins using the Project or portion of the Project for its intended purpose. Division of responsibilities between City and Contractor, HAYES STREET REGULATOR February,2017 AND CSO CONTROLS (SRO1,SRO2,AND SRO3) WO No—UP3398-31 SP - 113