Reso 2005-801 - Laserfiche WebLink

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15.2 No Work shall be done under these specifications except by permission of the CONSULTANT when the weather is unfit for good and careful Work to be performed. Should the severity of the weather continue, the CONTRACTOR upon the direction of the CITY shall suspend all Work until instructed to resume operations by the CITY and the Contract Time pursuant to Section 12.7 shall be extended to cover the duration of the order. Work damaged during periods of suspension due to inclement weather shall be repaired and/or rcplaced by the CONTRACTOR. Any compensation for repairs or replacements shall be subject to approval of the CITY. Special Tropical Storm and/or Hurricane Precautions 15.3 During such periods of time as are designated by the CITY as being a tropical storm warning or alert, or such periods of time as are designated by the United States Weather Bureau as being a Hurricane warning or alert, all construction materials and equipment shall be secured against displacement by wind forces. Construction materials and equipment shall be secured by guying and shoring, by tying down loose materials, equipment and construction sheds. All furniture, racks, storage bins, pallets, materials, and similar loose objects in exposed outdoor locations, shall be securely lashed to rigid construction or stored in buildings. Orders shall be oral or written and shall be given to any person on the site most logically responsible for compliance. Such orders shall be carried out before high winds of tropical storm velocity (wind speeds higher than 39 miles per hour (34 knots) are anticipated. City May Terminate ] 5.4 If the CONTRACTOR is adjudged bankrupt or insolvent, or if they make a general assignment for the benefit of their creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of their property, or if they file a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if they repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if they repeatedly fail to make prompt payments to Subcontractors or for labor, materials or equipment or they disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if they disregard the authority of the CITY, of if they otherwise violates any provision of, the Contract Documents, then the CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR and they surety seven (7) days written notice, terminate the services of the CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR., and fmish the Work by whatever method they may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. Ifthe unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the CONTRACTOR. Ifsuch costs exceed such unpaid balance, the CONTRACTOR will pay the difference to the CITY. Such costs incurred by the CITY will be determined by the CITY and incorporated in a Change Order. If after termination of the CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of the CITY and the CONTRACTOR shall be the same as if the termination had been issued pursuant to Section] 5.6. ] 5.5 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not affect any rights of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by the CITY due the CONTRACTOR will not release the CONTRACTOR from liability. 15.6 Upon seven (7) days written notice to the CONTRACTOR, the CITY may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Agreement. In such case, the CONTRACTOR shall be paid for all Work executed and accepted by the CITY as of the date ofthc termination. No payment shall be made for profit for Work which has not been performed. Removal of Equipment ]5.7 In the case of termination of this Contract before completion for any cause whatever, the CONTRACTOR. if notified to do so by the CITY, shall promptly remove any part or all of his equipment and supplies from the property of 00710 - 24 ~ ~~~ !~ ;:":;1"