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2017-034
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2017-034
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Last modified
3/9/2017 11:51:29 AM
Creation date
3/9/2017 11:51:28 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/07/2017
Control Number
2017-034
Agenda Item Number
15.B.2
Entity Name
Russell Payne, Inc. Mr. Mulch Inc.
Subject
Yard Waste Processing and Disposal Services
Bid Number
2017028
Document Relationships
2018-061
(Cover Page)
Path:
\Official Documents\2010's\2018
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. S <br /> (3) Dividing total requirements,when economically feasible, into smaller tasks or quantities <br /> to permit maximum participation by small and minority businesses, and women's business <br /> enterprises. <br /> (4) Establishing delivery schedules, where the requirement permits, which encourage <br /> participation by small and minority businesses, and women's business enterprises. <br /> (5) Using the services and assistance of the Small Business Administration and the Minority <br /> Business Development Agency of the Department of Commerce. <br /> ARTICLE 12-TERMINATION OF CONTRACT <br /> A. The occurrence of any of the following shall constitute a default by Contractor and shall provide <br /> the Owner with a right to terminate this Contract in accordance with this Article, in addition to <br /> pursuing any other remedies 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 <br /> provision(s) of the Contract Documents; <br /> (2) If Contractor neglects or refuses to correct defective work or replace defective parts or <br /> equipment,as 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 <br /> be finished within the prescribed time; <br /> (4) If Contractor assigns this Contract or any money accruing thereon or approved thereon; <br /> or <br /> (5) If Contractor abandons the work, is adjudged bankrupt, or if he makes a general <br /> assignment for the benefit of his creditors, or if a trustee or receiver is appointed for <br /> Contractor or for any of his property. <br /> B. Owner shall, before terminating the Contract for any of the foregoing reasons,notify Contractor <br /> in writing of the grounds for termination and provide Contractor with ten (10) calendar days to <br /> cure the default to the 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, <br /> Owner may terminate this Contract by notifying Contractor in writing. Upon receiving such <br /> notification,Contractor shall immediately cease all work hereunder and shall forfeit any further <br /> right to possess or occupy the site or any materials thereon; provided, however,that the Owner <br /> 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 <br /> contract;and <br /> (2) The difference between the cost of completing the new contract and the cost of <br /> completing this Contract; <br /> (3) Any court costs and attorney's fees associated with any lawsuit undertaken by Owner <br /> to enforce its rights herein. <br /> E. TERMINATION FOR CONVENIENCE: Owner may at any time and for any reason terminate <br /> Contractor's services and work for Owner's convenience. Upon receipt of notice of such <br /> termination Contractor shall, unless the notice directs otherwise, immediately discontinue the <br /> work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies <br /> Page 12 <br />
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