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2023-045A
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Last modified
3/21/2023 11:06:42 AM
Creation date
3/21/2023 11:05:58 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/21/2023
Control Number
2023-045A
Agenda Item Number
8.O.
Entity Name
Timothy Rose Contracting, Inc.
Subject
Agreement for 61st Court Full Depth Reclamation (FDR) from 47th Street to 49th Street
Project Number
IRC-2216
Bid Number
2023018
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IRC -2216 AGREEMENT <br />61st Court Full Depth Reclamation (FDR) <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 anew contract; <br />and <br />(2) the difference between the cost of completing the new contract and the cost of completing this <br />Contract; <br />(3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce <br />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 in <br />connection with the performance of this Contract. Upon such termination Contractor shall be <br />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 <br />approved by the OWNER. <br />Contractor shall not be entitled to any other claim for compensation or damages against the County <br />in the event of such termination. <br />TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities <br />of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel <br />List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of <br />Israel. In addition, if this agreement is for goods or services of one million dollars or more, <br />CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law <br />are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with <br />Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida <br />Statutes and are not engaged in business operations in Cuba or Syria. <br />OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification <br />as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies <br />with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy <br />Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, <br />Florida Statutes. <br />OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, <br />majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is <br />Page 7 of 9 <br />
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