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<br />City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 17 <br /> <br />5. The Contractor shall erect proper barricades, signs, and warning devices as necessary, for <br />sidewalk and traffic closure/control when doing on-street grinding or debris removal. <br />6. Any use of tools or equipment in an unsafe condition or manner or application of techniques or <br />methods defined to be unsafe to life or property is strictly forbidden. <br />2.15 STORAGE OF MATERIALS <br /> <br /> The Consultant must provide for own storage of material and equipment, if needed. No on -site <br /> storage is permitted at the work area or other public areas; unless, it is pre-approved by the City. <br />2.16 PERFORMANCE <br />Failure on the part of the DMC to comply with the conditions, terms, specifications and <br />requirements of the bid shall be just cause for cancellation of the proposal award. The City may, <br />by written notice to the Proposal, terminate the contract for failure to perform. The date of <br />termination shall be stated in the notice. The City shall be the sole judge of nonperformance. <br />2.17 TERMINATION FOR CAUSE AND BREACH <br />Default by Contractor: In addition to all other remedies available to the City, this Agreement shall <br />be subject to cancellation by the City should the Contractor neglect or fail to perform or observe <br />any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure <br />shall continue immediately after written notice to cure. <br /> 2.17.1 CAUSE OF BREACH <br />An Event of Default shall mean a breach of the Agreement by the Contractor. Without limiting the <br />generality of the foregoing and in addition to those instances referred to herein as a breach , an <br />Event of Default, shall include the following: <br />a. The Contractor has not delivered Deliverables on a timely basis; <br />b. The Contractor has refused or failed, except in any case for which an extension of time in <br />writing by the City is provided, to supply enough properly skilled staff personnel; <br />c. The Contractor has failed to make prompt payment to subcontractors or suppliers for any <br />Services; <br />d. The Contractor has become insolvent (other than as interdicted by the bankruptcy laws), or <br />has assigned the proceeds received for the benefit of the Contractor's c reditors, or the <br />Contractor has taken advantage of any insolvency statute or debtor/creditor law or if the <br />Contractor's affairs have been put in the hands of a receiver; <br />e. The Contractor has failed to obtain the approval of the City where required by the Agr eement; <br />f. The Contractor has failed in the representation of any warranties stated herein; or <br />g. Failure to mobilize or correct deficiencies for which contractor has been notified in writing. <br />