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Last modified
3/2/2021 3:20:50 PM
Creation date
8/3/2020 3:56:01 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/07/2020
Control Number
2020-124C
Agenda Item Number
8.M.
Entity Name
Blue Goose Construction, LLC
Subject
2020 Agreement Utility Services; construction/repair water services RFP 2020039
Bid Number
2020039
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2020 Annual Labor Contract <br />RFP #2020039 <br />6.7 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and <br />employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' <br />fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the <br />CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this <br />Agreement. <br />7. TERMINATION. <br />7.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) <br />days' prior written notice to the CONTRACTOR; or (b) by the CONTRACTOR, for any reason, upon thirty <br />(30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may <br />otherwise be provided below. In the event of the termination of this Agreement, any liability of one party <br />to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, <br />shall not be terminated or released. <br />7.2 Termination for Cause The occurrence of any of the following shall constitute a default <br />by CONTRACTOR and shall provide the COUNTY with a right to terminate this Contract in accordance with <br />this Article, in addition to pursuing any other remedies which the COUNTY may have under this Contract <br />or under law: <br />(1) if in the COUNTY'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 <br />or equipment, as directed by the Engineer pursuant to an inspection; <br />(3) if in the COUNTY's opinion CONTRACTOR's work is being unnecessarily delayed and will <br />not be finished within the prescribed time; <br />(4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved <br />thereon; 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 CONTRACTOR or for <br />any of his property. <br />(6) CONTRACTOR submits a false invoice to the COUNTY. <br />7.3 COUNTY shall, before terminating the Contract for any of the foregoing reasons, notify <br />CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar <br />days to cure the default to the reasonable satisfaction of the COUNTY. If the CONTRACTOR fails to correct <br />or cure within the time provided, COUNTY may terminate this Contract by notifying CONTRACTOR in <br />writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and <br />shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, <br />that the COUNTY may authorize CONTRACTOR to restore any work sites. <br />7.4 The CONTRACTOR shall be liable for: <br />(1) any new cost incurred by the COUNTY 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 completing <br />this Contract; <br />(3) any court costs and attorney's fees associated with any lawsuit undertaken by COUNTY to <br />enforce its rights herein. <br />Sample Agreement - Page 7 of 21 <br />
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