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Reso 2016-2515
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Reso 2016-2515
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Last modified
2/18/2016 11:31:16 AM
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2/18/2016 11:31:09 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2016-2515
Date (mm/dd/yyyy)
01/21/2015
Description
Ric-Man 1st Amd to Agmt Design/Construct Pedestrian Bridge Gateway Pk
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equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at <br /> the time relating to bankruptcy or insolvency. <br /> 16.1.3 If CONTRACTOR makes a general assignment for the benefit of creditors. <br /> 16.1.4 If a trustee, receiver, custodian or agent of CONTRACTOR is appointed under <br /> applicable law or under Contract, whose appointment or authority to take charge of property of <br /> CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of <br /> general administration of such property for the benefit of CONTRACTOR'S creditors. <br /> 16.1.5 If CONTRACTOR admits in writing an inability to pay its debts generally as they <br /> become due. <br /> 16.1.6 If CONTRACTOR persistently fails to perform the Work in accordance with the <br /> Contract Documents (including, but not limited to, failure to supply sufficient skilled Workers or <br /> suitable materials or equipment or failure to adhere to the progress schedule as same may be revised <br /> from time to time),provided that CONTRACTOR is provided thirty(30)days to cure any breach. <br /> 16.1.7 If CONTRACTOR disregards laws or regulations of any authority with jurisdiction. <br /> 16.1.8 If CONTRACTOR otherwise violates in any substantial way any provisions of the <br /> Contract Documents. <br /> CITY may, after giving CONTRACTOR seven (7) days written notice, terminate the services of <br /> CONTRACTOR without any liability,of any kind,accruing to the to the CITY and without prejudice <br /> to any right or remedy the CITY may have, and exclude the CONTRACTOR from the site and take <br /> possession of the Work and of all CONTRACTOR'S tools, appliances,construction equipment and <br /> machinery at the site and use the same to full extent they could be used by CONTRACTOR(without <br /> liability to CON TRACTOR for trespass or conversion), incorporate in the Work all materials and <br /> equipment stored at the site or for which CITY has paid CONTRACTOR but which are stored <br /> elsewhere, and finish the Work as CITY may deem expedient. In such case CONTRACTOR shall <br /> not be entitled to receive any further payment until the Work is finished. Notwithstanding the <br /> foregoing,the CONTRACTOR is provided with thirty(30)days to cure any breach. <br /> 16.2 City's Right to Terminate without Cause: <br /> 16.2.1 Upon seven (7) days written notice to CONTRACTOR, CITY may, without cause, <br /> without liability of any kind, and without prejudice to any other right or remedy, terminate this <br /> agreement. This provision is different from the right to terminate set out in other parts of this <br /> Agreement. Upon receipt of the notice of termination, CONTRACTOR shall promptly discontinue <br /> all Work at the time and to the extent indicated on the notice of termination,terminate all outstanding <br /> Subcontractors and purchase orders to the extent that they relate to the terminated portion of the <br /> Agreement, and refrain from placing further orders and Subcontracts. CONTRACTOR shall not be <br /> paid on account of loss of anticipated profits or revenue or other economic loss arising out of or <br /> resulting from such termination. In the event of a termination under this provision, the CITY shall <br /> pay to the CONTRACTOR only those direct costs associated with all Work actually completed.The <br /> 32 t73, <br />
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