RE-BID ITB # 23-10-01 JOINT PROCUREMENT CENTRAL ISLAND

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ITB 23-03-01 Sunny Isles Beach Central Island Area Drainage Improvement and North Miami Beach Distribution System Watermain Replacements directly attributable to anysuspension, if theCONTRACTORmakes a claim as provided in Articles 14 and 15. 17.2 CITY May Terminate Work: The CITY retains the right to terminate this Agreement, with thirty (30) days prior written notice. Additionally, the CITY may also terminate this Agreement upon 15 days’ notice upon the occurrence of any one or more of the following events: 17.2.1 If the CONTRACTOR commences a voluntary case or a petition is filed against the CONTRACTOR, under any chapter of the Bankruptcy Code, or if the CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency. 17.2.2 If the CONTRACTOR makes a general assignment for the benefit of creditors. 17.2.3 If a trustee, receiver, custodian, or agent of the CONTRACTOR is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of the CONTRACTOR is for the purpose of enforcing a lien against such property or for the purpose of general administration of such property for the benefit of the CONTRACTOR’s creditors. 17.2.4 If the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents, including but not limited to, failure to supply sufficient skilled Workers or suitable materials or equipment or failure to adhere to the progress schedule as same may be revised from time to time. 17.2.5 If the CONTRACTOR repeatedly fails to make prompt payments to subcontractors or for labor, material or equipment. 17.2.6 If the CONTRACTOR repeatedly disregards proper safety procedures. 17.2.7 If the CONTRACTOR disregards any local, state or federal laws or regulations. 17.2.8 If the Contactor otherwise violates any provisions of this Agreement. 17.3 If the CONTRACTOR, within a period of ten (10) calendar days after such notice, shall not proceed in accordance therewith, the CITY may exclude the CONTRACTOR from the Work site and take the prosecution of the Work out of the hands of the Contactor, and take possession of the Work and all of the CONTRACTOR’s tools, appliances, construction equipment and machinery at the site and use them without liability to the CITY for trespass or conversion, incorporate ion the Work all materials and equipment stored at the site or for which the CITY has paid the CONTRACTOR but which are stored elsewhere. And Further, the CONTRACTOR may be excluded from the Work site and the CITY take possession of the Work and of all the CONTRACTOR’s tools, appliances, construction equipment and machinery at the site and use them without liability to the CITY for trespass or conversion, incorporate in the Work all materials and equipment stored at the site or for which the CITY has paid the CONTRACTOR but which are stored elsewhere, and finish the Work as the CITY may deem expedient. In this instance, the CONTRACTOR shall not be entitled to receive any further compensation until the Work is finished. PAGE 30OF 38