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2018-190A
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Last modified
11/7/2018 11:16:25 AM
Creation date
11/7/2018 11:16:18 AM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
10/16/2018
Control Number
2018-190A
Agenda Item Number
8.I.
Entity Name
Guettler Brothers Construction
Subject
Victor Hart Sr. Complex Drainage Improvements
Project Number
IRC-1760
Bid Number
2019005
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Bid No. 2018045/IRC-1523 <br /> ARTICLE 11-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 benefit <br /> of his creditors,or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. <br /> (6) if CONTRACTOR fails to pay subcontractors, materialmen and/or suppliers on a timely basis. <br /> B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of <br /> 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 may <br /> terminate this Contract by notifying CONTRACTOR in writing.Upon receiving such notification,CONTRACTOR shall <br /> 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 /> E. TERMINATION FOR CONVENIENCE:OWNER may at any time and for any reason terminate CONTRACTOR's services <br /> and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the <br /> notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, <br /> labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such <br /> termination Contractor shall be entitled to payment only as follows: <br /> (1) the actual cost of the work completed in conformity with this Contract and the specifications;plus, <br /> (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the <br /> OWNER. <br /> Contractor shall not be entitled to any other claim for compensation or damages against the County in the event <br /> of such termination. <br />
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