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Reso 2017-2663
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Reso 2017-2663
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Last modified
3/1/2017 3:08:21 PM
Creation date
3/1/2017 3:07:41 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2017-2663
Date (mm/dd/yyyy)
02/16/2017
Description
Agreement #1 w/Ebsary to Construct Ped/Emergency Bridge
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must be turned over to the City. The Contractor shall be paid in accordance with provisions of <br /> this Agreement, provided that said documentation is turned over to the City within twenty <br /> (20) business days of termination. Failure to timely deliver the documentation shall be cause <br /> to withhold any payments due without recourse by Contractor until all documentation is <br /> delivered to the City. <br /> 31.2 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 /> 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 RFP No. 14-09-01. 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, the <br /> Bonds, and the Permits in the manner and within the time herein required. <br /> 31.4.2 Contractor fails to comply with any of its duties under this Agreement, with <br /> any terms or conditions set forth in this Agreement beyond the specified period <br /> 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 required <br /> 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 /> C6154-1617-036-EBSARY FOUNDATION CO. 20 <br />
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