05-28-1985 Council Packet - Laserfiche WebLink

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(d) If Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, (e) If Contractor repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, (f) If Contractor repeatedly fails to make prompt payments to Subcontrac- tors or for labor, materials or equipment, (g) If Contractor disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, (h) If Contractor disregards the authority of Engineer, or (i) If Contractor otherwise violates in any substantial way any provisions of the Contract Documents, Owner may after giving Contractor and his Surety seven days' written notice, terminate the services on Contractor, exclude Contractor from the site and take possession of the Work and of all Contractor's tools, appliances, con- struction equipment and machinery at the site and use the same to the full ex- tent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Con- tractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to Contractor. If such costs exceed such unpaid balance, Contractor sh-ilt pay the difference to Owner. Such costs incurred by Owner shall be verified by Engineer and incorporated in a Change Order, but in finishing the Work, Owner shall not be required to ob- tain the lowest figure for the Work performed. 12.2.2 Where Contractor's services have been so terminated by Owner, the ter- mination shall not affect any rights of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Con- tractor by Owner will not release Contractor from liability. 12.2.3 Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, Contractor shall be paid for all Work executed and any expense sustained plus reasonable ter- mination expenses. 12.2.4 If, after notice of termination for failure to fulfill contract obliga- tions, it is determined that the Contractor has not defaulted, the termination shall be deemed to have been effected for the convenience of the Owner and the Contractor shall be paid in accordance with paragraph 12.3. - ih - 1/85 - 850b Copyright 1985 Bone!stroo, Roseanea.., Anderl ik Associates, Inc.