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2018-191A
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Last modified
1/4/2021 1:05:56 PM
Creation date
1/4/2021 1:03:42 PM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
10/16/2018
Control Number
2018-191A
Agenda Item Number
8.I.
Entity Name
IUndian Rivern County
Subject
Victor Hart Sr. Drainage Improvements
Project Number
IRC-1760
Bid Number
20190005
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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 Contractor 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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