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Reso 2014-2348
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Reso 2014-2348
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Last modified
1/8/2015 3:14:03 PM
Creation date
12/30/2014 3:12:50 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2014-2348
Date (mm/dd/yyyy)
12/18/2014
Description
Awd Bid 14-07-01, Agmt w/Lynx for Govt Ctr Maintenance and Repairs.
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26.2 Contractor shall maintain coverage with equal or better rating as required herein for the <br />term of this Agreement. Contractor shall provide written notice to the City Manager or his designee <br />of any material change, cancellation and /or notice of non - renewal of the insurance at least 30 <br />(thirty) days prior to the anticipated change or event. Contractor shall furnish a copy of the <br />insurance policy or policies upon request of the City Manager or his designee. <br />26.3 Contractor shall furnish copies of insurance policies pertaining to this Agreement to the <br />City Manager or his designee within ten (10) days of written request. If the initial insurance expires <br />prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty <br />(30) days prior to the date of their expiration. <br />26.4 The City reserves the right to require modifications, increases, or changes in the Insurance <br />Requirements, and shall provide a thirty (30) day written notice thereof to the Contractor. <br />ARTICLE 27. PAYMENT AND PERFORMANCE BOND <br />Contractor shall not start Work under this Agreement until it has delivered to the City a <br />Performance Bond and a Payment Bond in accordance with Section 2.7 of RFP No. 14 -07- <br />01 which is incorporated into this Agreement and requires that the Contractor furnish a <br />Performance and Payment Bond in the amount of 100% of the total Contract Price with the <br />City named as the Obligee, as security for the faithful performance of this Agreement and <br />for the payment of all persons performing labor or furnishing materials in connection with <br />Work under this Agreement. <br />ARTICLE 28. THE CITY'S RIGHT TO TERMINATE <br />28.1 The City has the right to terminate this Agreement for any reason or no reason, upon <br />ten (10) days prior written notice to the Contractor stating the date upon which Contractor shall <br />cease all Work under this Agreement and vacate all Work areas. Upon termination of this <br />Agreement, all charts, sketches, studies, drawings, reports and other documents, including <br />electronic documents, related to Work authorized under this Agreement, whether finished or not, <br />must be turned over to the City. Failure to timely deliver the documentation shall be cause to <br />withhold any payments due without recourse by Contractor until all documentation is delivered <br />to the City. <br />28.2 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 />28.3 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 under this <br />m <br />
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