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2013-000 (2)
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2013-000 (2)
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Last modified
4/27/2018 12:54:31 PM
Creation date
3/23/2016 9:12:18 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Bid
Approved Date
08/20/2013
Control Number
2013-000
Subject
Fertilizer and Landscape Management
Area
Old Dixie Highway Sidewalk 38th Lane to 45th Street
Alternate Name
Sidewalk Improvements
Supplemental fields
FilePath
H:\Indian River\Network Files\SL00000I\S0005EA.tif
Meeting Body
Board of County Commissioners
Meeting Type
BCC Regular Meeting
SmeadsoftID
14586
Document Relationships
2013-014
(Agenda)
Path:
\Ordinances\2010's\2013
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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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