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Reso 2016-2555
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Reso 2016-2555
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Last modified
6/21/2016 1:31:49 PM
Creation date
5/31/2016 4:55:53 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2016-2555
Date (mm/dd/yyyy)
05/19/2016
Description
Awd Bid 16-04-01 & Manager Authorization to Negotiate & Enter into Agmt w/Southern Underground for 172 St Drainage
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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 /> 31.3 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 described <br /> in ITB No. 16-04-01. In the event of Default,the City may also issue a Notice to Cure and suspend <br /> or withhold payments to Contractor until such time as the actions giving rise to default have <br /> been cured. <br /> 31.4 A finding of default and subsequent termination for cause may include, but is not limited <br /> to, any of the following: <br /> 31.4.1 Contractor fails to obtain and deliver to the City the Insurance certificates, <br /> the Bonds, and the Permits in the manner and within the time herein <br /> required. <br /> 31.4.2 Contractor fails to comply with any of its duties under this Agreement, <br /> with any terms or conditions set forth in this Agreement beyond the <br /> specified period allowed to cure such default. <br /> 31.4.3 Contractor fails to commence the Work within the timeframes provided or <br /> contemplated herein, or fails to complete the Work in a timely manner as <br /> required by this Agreement. <br /> 31.5 Except as otherwise provided for in this Agreement, the City shall provide Written <br /> Notice to Cure to Contractor as to a finding of default, and Contractor shall take all necessary <br /> action to Cure said default within the Cure Period. The City may extend the Cure Period at <br /> its sole discretion or terminate the Agreement upon failure of the Contractor to cure such default <br /> in the specified timeframe. <br /> ARTICLE 32. CONTRACTOR'S RIGHT TO TERMINATE <br /> 32.1 The Contractor may terminate this Agreement if the Work is stopped for any of the <br /> reasons listed below for a period of 60 days through no act or fault of the Contractor, his agents, <br /> employees, or other persons performing any portion of the Work for the Contractor: <br /> 32.1.1 Issuance of an Order of the Court or other Public Authority having jurisdiction; <br /> and <br /> 32.1.2 An act of government which results in a cession of Work on this Agreement. <br /> C5966-1516-082 SOUTHERN UNDERGROUND INDUSTRIES.INC. 19 <br />
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