§ 185.37 Failure to Meet Performance Requirements
   The delivery of any material, equipment or the performance of any labor which does not in all respects conform to contract requirements, will be rejected and the contractor shall be notified promptly by the director of such rejection and the reason therefor, which notice shall be confirmed in writing. If the contractor fails to effect immediate replacement of such rejected materials, equipment and labor with material, equipment and labor meeting the requirements of the order and of the contract, the City will purchase in the open market, material, equipment and hire labor of the character required under the order up to the amount rejected and the contractor and his or her surety shall be liable to the City for any excess cost and expense occasioned the City thereby. The director shall have the right to suspend the whole or any part of the work to be done, hereunder, when the contractor is not doing the work in accordance with the provisions of the contract. No extension of time for completion of the contract work or claim for or damages will be allowed by reason of such suspension.
(Ord. No. 1236-60. Passed 6-20-60, eff. 6-22-60)