General Requirements and Covenants (2)

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• • • Changes directly due to the following will not be deemed unjustifiable and substantive: 1. Failure, refusal or inability of a subcontractor named in the Contractor's original list to enter into a subcontract. 2. Insolvency of the subcontractor. 3. Inability of the subcontractor to furnish a reasonable performance bond. 4. Suspension or revocation of the subcontractor's license. 5. Inability of the subcontractor to comply with other requirements of the law applicable to contractors, subcontractors and public works projects. In case of termination, the Engineer shall limit payment to the Contractor to the part of the contract satisfactorily completed at the time of termination. Termination shall not relieve the Contractor or Surety from liability for liquidated damages theretofor incurred. If the Engineer finds that any laborer or mechanic employed on the jobsite by the Contractor or any subcontractor has 1-een or is being paid wages at a rate less than the required rate by the specifications, or has not received his full overtime compensation, the Engineer may by written notice to the Contractor terminate his right or the right of any subcontractor to proceed with the work or with the part of the work in which the required wages or over- time compensation have not been paid and may complete such work or part by contract or otherwise; and the Contractor and his sureties shall be liable to the County for any excess costs occasioned thereby. Before the contract is terminated, the Contractor and the Contractor's bondsman or surety will first be notified in writing by the Engineer of the conditions which make termination of the contract imminent. Seven (7) consecu- tive calendar days after this notice is mailed to the addresses given in the proposal, if in the judgment of the Engineer no effective effort has been made by the Contractor to correct the condition complained of, then the bondsman or surety shall again be notified to that effect and, if after the expiration of seven (7) consecutive calendar days more no action effective in the judgment of the Engineer has been taken either by the Contractor or by the bondsman or surety, the Engineer may declare the contract terminated and notify the Contractor and the bondsman or surety accordingly. Upon receipt of a notice from the Engineer that the contract has been terminated, the Contractor shall i mediately discontinue all operations. The Engineer may then proceed with the work, in any.lawful manner that he may elect, until it is finally completed. The right is reserved to take possession and to use if necessary any machinery, implements, tools or materiels of any description that shall be found Section 8 Page 46