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Reso 2016-2516
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Reso 2016-2516
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Last modified
2/18/2016 11:39:58 AM
Creation date
2/18/2016 11:39:53 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2016-2516
Date (mm/dd/yyyy)
01/21/2016
Description
Lynx Construction 1st Amd to Agmt Repairs to Govt Ctr & Heritage Park
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26.2 Contractor shall maintain coverage with equal or better rating as required herein for the <br /> term of this Agreement. Contractor shall provide written notice to the City Manager or his designee <br /> of any material change, cancellation and/or notice of non-renewal of the insurance at least 30 <br /> (thirty) days prior to the anticipated change or event. Contractor shall furnish a copy of the <br /> insurance policy or policies upon request of the City Manager or his designee. <br /> 26.3 Contractor shall furnish copies of insurance policies pertaining to this Agreement to the <br /> City Manager or his designee within ten(10)days of written request. If the initial insurance expires <br /> prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty <br /> (30) days prior to the date of their expiration. <br /> 26.4 The City reserves the right to require modifications, increases,or changes in the Insurance <br /> Requirements, and shall provide a thirty (30) day written notice thereof to the Contractor. <br /> ARTICLE 27. PAYMENT AND PERFORMANCE BOND <br /> Contractor shall not start Work under this Agreement until it has delivered to the City a <br /> Performance Bond and a Payment Bond in accordance with Section 2.7 of RFP No. 14-07- <br /> 01 which is incorporated into this Agreement and requires that the Contractor furnish a <br /> Performance and Payment Bond in the amount of 100% of the total Contract Price with the <br /> City named as the Obligee, as security for the faithful performance of this Agreement and <br /> for the payment of all persons performing labor or furnishing materials in connection with <br /> Work under this Agreement. <br /> ARTICLE 28. THE CITY'S RIGHT TO TERMINATE <br /> 28.1 The City has the right to terminate this Agreement for any reason or no reason, upon <br /> ten (10) days prior written notice to the Contractor stating the date upon which Contractor shall <br /> cease all Work under this Agreement and vacate all Work areas. Upon termination of this <br /> Agreement, all charts, sketches, studies, drawings, reports and other documents, including <br /> electronic documents, related to Work authorized under this Agreement, whether finished or not, <br /> must be turned over to the City. Failure to timely deliver the documentation shall be cause to <br /> withhold any payments due without recourse by Contractor until all documentation is delivered <br /> to the City. <br /> 28.2 If Contractor fails to comply with any term or condition of this Agreement, or fails <br /> to perform any of its obligations hereunder, then Contractor shall be in default. Upon the <br /> occurrence of a default which is not cured within the Cure Period, in addition to all remedies <br /> available to it by law, the City may immediately, upon written notice to Contractor, terminate <br /> this Agreement whereupon all payments, advances, or other compensation paid by the City to <br /> Contractor while Contractor was in default shall be immediately returned to the City. The City <br /> may also suspend any payment or part thereof or order a Work stoppage until such time as the <br /> issues concerning compliance are resolved. Contractor understands and agrees that <br /> termination of this Agreement under this Article shall not release Contractor from any obligation <br /> accruing prior to the effective date of termination. <br /> 28.3 In the event of termination due to default, in addition to the foregoing Contractor shall be <br /> liable for all costs and expenses incurred by the City in the re-procurement of the Work under this <br /> l t <br /> 16 3 J <br />
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