Common use of Substituted Performance Clause in Contracts

Substituted Performance. According to the City’s procedures, and upon the Engineer’s recommendation that sufficient cause exists, the City, without prejudice to any of its other rights or remedies and after giving the Contractor and the Contractor’s Surety ten (10) calendar days’ written notice may: • Terminate the Contract; • Substitute the Contractor with another Entity to complete the Contract; • Take possession of the Project Site; • Take possession of materials on the Project Site; • Take possession of materials not on the Project Site, for which the Contractor received progress payments; • Take possession of equipment on the Project Site that is to be incorporated into the Work; • Take possession of equipment not on the Project Site that is to be incorporated into the Work, and for which the Contractor received progress payments; and • Finish the Work by whatever method the City deems expedient. If within the ten (10) calendar days’ notice period provided above, the Contractor and/or its Surety corrects the basis for declaration of default to the satisfaction of the Engineer, or if the Contractor’s Surety submits a proposal for correction that is acceptable to the Engineer, the Contract will not be terminated.