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11/12/2019
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11/12/2019
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Last modified
2/6/2020 4:49:07 PM
Creation date
1/15/2020 8:20:29 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
11/12/2019
Meeting Body
Board of County Commissioners
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ARTICLE 11-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 v"blaw: <br /> (1) if in the OWNER's opinion CONTRACTOR is improperly performing work of lating 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 el yedd lnt be <br /> finished within 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 assign' ent <br /> for the benefit of his creditors, or if a trustee or receiver is apppomted for CONTRACTOR�or I'd.any of <br /> his property. \� <br /> (6) if CONTRACTOR fails to pay subcontractors, materialmen and/or salppliers on a tirnely basis. <br /> B. OWNER shall, before terminating the Contract for• an <br /> y of going r .asonssfiotify CONTRACTOR <br /> in writing of the grounds for termination and4rovide CONTRACTOR wititten (10)calendar days to <br /> cure the default to the reasonable satisfaction <br /> C.\ <br /> fhe OWNER <br /> C. If the CONTRACTOR fails to correct or cure ithin the time provided in the precedingSub-Article B, <br /> \... \ \ <br /> OWNER may terminate this Contract )0\)notrfying CONTRACTOR in writing. Upon receiving such <br /> notification, CONTRACTOR shall immediately\ se all work ereunder and shall forfeit any further <br /> right to possess or occupythesite or an: r atenal thereon;,provided, however, that the OWNER <br /> may authorize CONTRACT6 ta,restore any work sites. <br /> D.The CONTRACTOR shall be lia`bl or: <br /> (1) any new cost incurred by theOWNER in oliciting bids or proposals for and letting a new contract; <br /> and \\\ <br /> (2) the difference betwe n-the cost of completing the new contract and the cost of completing this <br /> Contract; <br /> (3) any court costs and�rney�ssociated with any lawsuit undertaken by OWNER to enforce <br /> its_raghts herein. V ��� <br /> C------) <br /> RMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate <br /> NTRAC O'3tiservi`e\and work for OWNER's convenience. Upon receipt of notice of such <br /> rmination CON \RAC�T.OR shall, unless the notice directs otherwise, immediately discontinue the <br /> ork and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in <br /> connection with the performance of this Contract. Upon such termination CONTRACTOR shall be <br /> e!tled to.p yment only as follows: <br /> (1) the-actualcost 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 <br /> approved by the OWNER. <br /> CONTRACTOR shall not be entitled to any other claim for compensation or damages against the <br /> County in the event of such termination. <br /> F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: <br /> CONTRACTOR certifies that it and its related entities of CONTRACTOR as defined by Florida law are <br /> 31 <br />
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