4.3 SR 04-17-2023 - Laserfiche WebLink

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5.50 Failure to Maintain Satisfactory Progress Should the contractor fail to perform satisfactory work, the Assistant Facilities Maintenance Superintendent will require that additional forces, materials, or equipment be provided as he or she determines to be necessary for bringing the work up to schedule and maintaining the level. Any failure to adhere to the approved schedule will be considered prima facie evidence that the contractor has failed to provide sufficient workers, equipment or materials to assure performance of the service within the specified time. If the contractor fails to adhere to the approved schedule or fails to take action as ordered to remedy unsatisfactory work, a notice of default may be issued as provided for in Section 5.71. 5.60 Methods and Equipment Sufficient equipment of proper size and good mechanical condition or specific equipment as noted herein shall be employed to prosecute the work to full compliance in a satisfactory manner and within the prescribed time. 5.70 Default and Termination of Contract The city, after giving due notice to the contractor and his or her sureties, shall have the power and authority to take the prosecution of the work out of the hands of the contractor, without violating the terms of the contract, if the contractor: a) Fails to begin the work under the contract within the time specified; or b) Fails to perform the work with sufficient workers and equipment and with sufficient materials to assure prompt completion of said work; or c) Performs the work unsatisfactorily or discontinue the prosecution of work without permission of the Assistant Facilities Maintenance Superintendent; or d) Fails to resume work which has been discontinued within a reasonable time after notice to do so; or e) Become insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency; or f) Allows any final judgment to stand against him or her unsatisfied for a period of ten (10) days; or g) Makes an assignment for the benefit of creditors; or h) Fails to carry on the work in an acceptable manner for any other cause whatsoever; or i) Views any confidential information; or j) Fails to keep a log of work performed as specified in section 7.10. 5.71 The Assistant Facilities Maintenance Superintendent will give the contractor written notice of any breach of the contract that may be in default, together with a demand that such a delay, neglect or default be corrected satisfactorily. If the contractor within a period of ten (10) days after such notice does not proceed satisfactorily in compliance therewith the Assistant Facilities Maintenance Superintendent will exercise his or her authority and notify the contractor of the action to be taken. 5.72 A notice shall be considered duly served when it is delivered in person or by registered mail, to the contractor and his or her surety, or to their authorized representatives, including persons in charge of their offices. Service of the notice shall be considered complete and sufficient when a properly addressed and stamped envelope containing the notice is registered and deposited in any post office or U.S. letter box in the state. The city's authority to take the prosecution of the work out of the hands of the contractor shall include the right to appropriate or use any or all materials and equipment as may be suitable and acceptable and to enter 22