16 Resolution awarding the bid asbestos abatement at One Oak Place Apt.

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Brady Environmental Services, Inc. 2.12.1 All subcontractors shall be directly responsible to the contractor and shall be under contractor's general supervision. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by subcontractor, subcontractor's contract shall be immediately terminated by the contractor upon notice from the owner. The contractor shall be as fully responsible and accountable to the owner for the acts and omissions of contractor's subcontractors, and of persons either directly or indirectly employed by them, as contractor is responsible for the acts and omissions of persons directly employed by contractor. 2.13 - RIGHT OF OWNER TO TERMINATE CONTRACT The performance of work under this contract may be terminated by the owner in accordance with this section in whole, or from time to time in part, whenever the owner shall determine that such termination is in the best interest of the owner. Any such termination shall be effected by delivery to the contractor of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the date upon when such termination becomes effective. Upon termination under this provision, the owner will pay the contractor reasonable and proper termination charges reflecting the cost of the work completed in accordance with the contract documents and the cost of commitments which cannot be terminated, except that retainage sums shall not be paid prior to thirty (30) days following the date of termination. 2.14 - CONTRACTOR DEFAULT If the work to be performed under this contract is abandoned by the contractor; or if this contract is assigned by contactor without the written consent of the owner; or if the contractor seeks relief under any law for the benefit of insolvents or is adjudged bankrupt; or if a general assignment of contractor's assets is made for the benefit of contractor's creditors; or if a receiver is appointed for the contractor of any of contractor's property; or if at any time it is the opinion of the owner that the performance of the work under this contract is being unnecessarily delayed, that the contractor is violating any of the conditions of this contract or that contractor is executing the same in bad faith or otherwise not in accordance with the terms of said contract; or if the work is not substantially completed within the time named for its completion or within the time of which such completion date may be extended; then the owner may serve written notice upon the contractor and contractor's surety of the owner's intention to terminate this contract. Unless within three (3) days after the serving of such notice, a satisfactory arrangement is made for continuance, this contact shall terminate and contractor shall discontinue the work. In the event of such termination, the surety shall have the right to take over and complete the work, provided that if the surety does not commence performance with thirty (30) days, the owner may take over and prosecute the work to completion or such part thereof as it may deem expedient, by contract or otherwise. In either case, the contractor shall not be entitled to receive any further payments under the contract for work performed until all the work, or as much as is contemplated by the owner is completed and accepted. The contractor and contractor's surety shall be liable to the owner for all excess cost sustained by the owner by reason of such prosecution and completion. The owner may take possession of, and utilize in completing the work, all materials, equipment and tools on the jobsite. 6of17 000193