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- . . I- , . . . . . . . . . . . . . . . . . . . . . . . . . . . . Note: See Special Provisions for any modifications to these insurance requirements. 21. Annulment of Contract If the Contractor fails to begin the work under Contract within the time specified, or fails to perform the work with sufficient workmen and equipment or with sufficient materials to insure the prompt completion of said work, or shall perform the work unsuitably or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the work or if the Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against him unsatisfied for a period of 48 hours. or shall make an assignment for the benefit of creditors or from any other cause whatsoever shall not carry on the work in an acceptable manner, the Engineer may give notice in writing to the Contractor and his Surety of such delay, neglect or default, specifying the same. If the Contractor, within a period of ten (10) days after such notice, shall not proceed in accordance therewith, then the party of the first part shall, upon written certificate from the Engineer of the fact of such delay, neglect or default, and the Contractor's failure to comply with such notice, have full power and authority, without violating the Contract, to take the prosecution of the work out of the hands of said Contractor, to appropriate or use any or all materials and equipment on the ground as may be suitable and acceptable, and may enter into an agreement for the completion of said Contract according to the terms and provisions thereof, or use such other methods as in his opinion shall be required for completion of said contract in an acceptable manner. All costs and charges incurred by the City, together with the cost of completing the work under Contract, shall be deducted from any monies due or which may become due said Contractor. In case the expense so incurred by the City shall be less than the sum which would have been payable under the Contract, if it had been completed by said Contractor, then the said Contractor shall be entitled to receive the difference. In case such expense shall exceed the sum which would have been payable under the Contract, then the Contractor and the Surety shall be liable, and shall pay to the party of the first part the amount of said excess. If a Cash Bond was furnished in lieu of a Surety Bond, the Contractor shall be solely liable and all reference herein to joint liability between the Contractor and the Surety shall be deleted and all expenses incurred by the City under the conditions stipulated in this Article shall be recovered from the Contractor by enforcing the provisions of the Cash Bond. 22. Notice to Proceed: For Contracts wherein a specified number of days for completion is stated in the Bid Form, the effective date of the "Notice to Proceed with Contract Work" will be established during the Pre-Construction Conference which is held shortly after the A ward of Contract and which is attended by members of the Public Works Department, the Contractor, representatives of utility compames, and others affected by the work. The effective date shall be set as a date not later than ten (l 0) calendar days after the date of execution of the Contract Documents, unless a later date acceptable to both parties is agreed upon. 23. Commencement. Delavs and Completion of Work: After complete and final execution of the Contract, and after reconciliation of any details or conditions, which may directly or mdirectly interfere or conflict with work of the Contract, the General Speclfications Oct. 2007 Page II of l5