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2016-046A
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2016-046A
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Last modified
5/4/2016 12:53:46 PM
Creation date
5/4/2016 12:53:45 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/05/2016
Control Number
2016-046A
Agenda Item Number
8.C.
Entity Name
AshBritt, Inc.
Subject
Disaster Debris Removal and Disposal Contract
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Article 8. CONTRACT PERIOD <br /> This agreement shall be binding on the parties for a period of twelve (12) consecutive months from the date of <br /> this Contract by both parties unless terminated earlier in accordance with its terms. The County may extend the <br /> term of this Contract for up to three (3) additional terms of twelve (12) months each on the same terms and <br /> conditions. <br /> Article 9: SUBCONTRACTORS <br /> A. CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business <br /> enterprises and labor surplus area firms are used when possible: <br /> 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists. <br /> 2. Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they <br /> are potential sources. <br /> 3. Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum <br /> participation by small and minority businesses, and women's business enterprises. <br /> 4. Establishing delivery schedules,where the requirement permits,which encourage participation by small and <br /> minority businesses,and women's business enterprises. <br /> 5. Using the services and assistance of the Small Business Administration and the Minority Business <br /> Development Agency of the Department of Commerce. <br /> Article 10: TERMINATION OF CONTRACT <br /> A.The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER <br /> with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies <br /> which the OWNER may have under this Contract or under law: <br /> 1. if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the <br /> Contract Documents; <br /> 2. if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as <br /> directed by the Engineer pursuant to an inspection; <br /> 3. if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within <br /> the prescribed time; <br /> 4. if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or <br /> 5. if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the <br /> benefit of his creditors,or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. <br /> B.OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing <br /> of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the <br /> reasonable satisfaction of the OWNER. <br /> C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub-Article B, OWNER <br /> may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification,CONTRACTOR <br /> shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any <br /> materials thereon; provided, however,that the OWNER may authorize CONTRACTOR to-restore any work sites. <br /> D.The CONTRACTOR shall be liable for: <br /> 1. any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and <br /> 2. the difference between the cost of completing the new contract and the cost of completing this Contract; <br /> 3. any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights <br /> herein. <br />
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