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2011-024
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2011-024
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Last modified
1/12/2016 1:07:35 PM
Creation date
10/1/2015 1:35:12 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/07/2011
Control Number
2011-024
Agenda Item Number
none
Entity Name
Timothy Rose Contracting
Indian River Land Trust
Subject
Lagoon Greenway Phase 1 Construction Agreement
Area
Flinn Tract Florida Inland Navitgation District
Supplemental fields
SmeadsoftID
9231
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Owner payments for all work executed and any loss sustained upon any plant or materials and <br /> reasonable profit and damages . <br /> Article 24 , REMOVAL OF EQUIPMENT <br /> In the case of annulment of this contract before completion , from any cause whatever, the <br /> Contractor, if notified to do so by the Owner, shall promptly remove any part or all of his equipment <br /> and supplies from the property of the Owner, failing which the Owner will have the right to remove <br />! such equipment and supplies at the expense of the Contractor, and the Owner, failing which the <br /> Owner will have the right to remove such equipment and supplies at the expense of the <br /> Contractor, and the Owner shall have the right to store such equipment and supplies at the <br /> Contractor's expense . Neither the Owner nor the Engineer shall incur any liability to the Contractor <br /> for loss or damage to the supplies and equipment so removed and/or stored . <br /> Article 25 , USE OF COMPLETED PORTIONS <br /> The Owner will have the right to take possession of and use any completed or partially completed <br /> portions of the work, notwithstanding the fact that the time for completing the entire work or such <br /> portions may not have expired , but such taking possession and use will not be deemed an <br /> acceptance of any work not completed in accordance with the contract documents . If such prior <br /> use increases the cost of or delays the work, the Contractor will be entitled to such extra <br /> compensation , or extension of time , or both , as the Engineer may determine . <br /> Article 26 . PAYMENTS WITHHELD <br /> The Owner may withhold or, on account of subsequently discovered evidence , nullify the whole or <br /> a part of any certificate to such an extent as may be necessary to protect himself from loss . on <br /> account of: <br /> (A) Defective work not remedied. <br /> (B) Claims filed or reasonable evidence indicating probable filing of claims , <br /> (C) Failure on the Contractor to make payments properly to subcontractor or for material or labor. <br /> (D) The Owner's opinion that the contract cannot be completed for the balance then unpaid . <br /> ( E) Damage to another contractor. <br /> ( F) Failure to maintain adequate progress . <br /> When the above grounds are removed , . payment will be made for amounts withheld because of <br /> them . <br /> Article 27 . LIABILITY INSURANCE REQUIREMENTS <br /> Public Liability Insurance: The contractor shall procure and maintain broad form commercial general liability <br /> insurance (including contractual coverage ) and commercial automobile liability insurance in amounts not less <br /> than shown below . The owner shall be an additional named insured on this Insurance on this insurance with <br /> respect to all claims arising out of the operations or work to be performed . <br /> Commercial General <br /> Commercial General (Public) Liability, other than A. Premises / Operations <br /> Automobile B. Independent Contractors <br /> C . Products / Completed Operations <br /> $1 ,000, 000.00 Combined single limit for Bodily Injury D . Personal Injury <br /> and Property Damage E. Contractual Liability <br /> F. Explosion , Collapses, and Underground Property Damage <br /> Automobile A. Owner Leased Automobiles <br /> $1 ,000,000.00 Combined single limit Bodily Injury B. Non-Owned Automobiles <br /> and Damage Liability C . Hire Automobiles <br /> Proof of Carriage of Insurance: The contractor shall furnish the owner a certificate of insurance in a form <br /> acceptable to the owner for the insurance required . Such certificate or an endorsement provided by <br /> the <br /> contractor must state that the owner will be given thirty (30 ) days written notice prior to cancellation or material <br /> change in coverage . Copies of an endorsement-naming owner as Additional Name Insured must accompany <br /> the Certificate of Insurance . <br /> GC -7 <br />
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