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2015-025C
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2015-025C
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Last modified
3/29/2017 3:25:42 PM
Creation date
4/26/2016 1:11:32 PM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
02/17/2015
Control Number
2015-025C
Agenda Item Number
8.F.
Entity Name
Timothy Rose Construction
Subject
Contract/Specifications Old Dixie Sidewalk Improvements
Part 3
Area
38th Lane to 45th St.
Project Number
0845B
Bid Number
2014032
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written notice, terminate the employment of the Contractor and take possession of the premises and of all <br />materials, tools and appliances thereon, and finish the work by whatever method Owner may deem expedient. <br />In such case, the Contractor shall not be entitled to receive any further payment until Contractor cooperates <br />with Owner and complies with all reasonable requests regarding the terminated work, the work is finished nor <br />shall it be relieved from its obligations If the unpaid balance of the contract price shall exceed the expense of <br />finishing the work, including compensation for additional managerial and administrative services, this excess <br />shall be paid to the Contractor. Reasonable termination expenses incurred by the Owner may be deducted <br />from any payments left owing the Contractor (excluding monies owed the Contractor for subcontract work). If <br />the Contractor's surety is directed or agrees to complete the Work, then all payments due after termination <br />shall be made to the Surety until the Work is finished and the Contract price has been expended. The Surety <br />shall then be responsible for all of the obligations and duties of the Contractor under the Contract Documents <br />and shall be bound by the conditions of the Contract Documents, this Contract and the Bond to fulfill all <br />obligations of the Contract Documents for the Contract price in effect as of termination. The Surety may not <br />assign those obligations without the written consent of the Owner The Surety shall be responsible for the <br />payment of all costs relating to the termination of the employment of the Contractor Contractor and its surety <br />shall be jointly and severally liable for all costs in access of the Contract price for completion of the work and <br />for liquidated damages. If, upon termination for cause it is determined that Contractor was not in default, the <br />rights and obligations of the parties shall be as if the notice of termination has been issued for the Owner's <br />convenience <br />GC 51 SUSPENSION OR TERMINATION BY OWNER FOR CONVENIENCE. <br />1. The Owner may, at any time, without cause, order the Contractor in writing to suspend, delay or <br />interrupt the Work in whole or in part for such period of time as the Owner may determine, or to terminate all <br />or a portion of the Contract for the Owner's convenience. Upon such termination, Contractor waives any claim <br />for damages, including loss of profits Those Contract provisions which by their nature survive final <br />acceptance shall remain in full force and effect. If the Owner orders a suspension, the Contract price and <br />Contract time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption. <br />No adjustment shall be made to the extent that performance is, was or would have been so suspended, <br />delayed or interrupted by another cause for which the Contractor is responsible, or that an equitable <br />adjustment is made or denied under another provision of this Contract. <br />GC 52 CONTRACTOR OBLIGATIONS UPON TERMINATION. <br />Upon receipt of written notice from the Owner of termination, the Contractor shall cease operations as <br />directed by the Owner in the notice; take actions necessary, or that the Owner may direct, for the protection <br />and preservation of the work; and except for work directed to be performed prior to the effective date of <br />termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no <br />further subcontracts and purchase orders; and turn over all marked up drawings and specifications showing <br />progress to date. The Owner may assume and become liable at is sole discretion for obligations, <br />commitments and unsettled contractual claims that the Contractor has previously undertaken or incurred in <br />good faith in connection with said Project. Owner shall reimburse the Contractor for any unpaid and earned <br />Cost of the Project as of the date of termination, less damages or setoffs applicable under the Contract <br />Documents. The Contractor shall, as a condition of receiving the payments referred to herein, execute and <br />deliver all such papers and take all such steps including the legal assignment of his contractual rights, as the <br />Owner may require for the purpose of fully vesting in him the rights and benefits of the Contractor under such <br />obligations or commitments. <br />GC 53 REMOVAL OF EQUIPMENT. <br />In the case of termination of this Contract before completion, from any cause whatsoever, the <br />Contractor, if notified to do so by the Owner, shall promptly remove any part or all of its equipment and <br />supplies from the property of the Owner, failing which the Owner shall have the right to remove such <br />equipment and supplies at the expense of the Contractor <br />GC 54 WARRANTY. <br />Contractor shall warrant that all materials and equipment included in such Work will be new except <br />where indicated otherwise in Contract Documents, and that such work will be of good quality, free from <br />improper workmanship and defective materials and in conformance with the drawings and specifications. <br />44 <br />
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