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t <br />i 22. PERFORMANCE AND PAYMENT BONDS ( SURETY): Within twenty (20) days of <br />receipt of the Contract Documents for execution, the successful bidder shall furnish a <br />I Performance Bond in an amount equal to 125% of the contract price and a Payment Bond in <br />in amount equal to 100% of the contact price as specified herein, of the form and containing <br />all of the provisions as stated herein. Thp Contractor must record the Pe formance and <br />1 Pavment Bonds with the ClIrk of Court. Indian River Countv. <br />M <br />The Contractor shall provide two separate bonds, a combined Payment and Performance Bond <br />for 125% of the contract price is not an acceptable substitute. <br />The Contractor is required at all times to have a valid Performance and Payment Bond in tierce <br />covering the work being performed. A failure to have such bond in force at any time shall <br />constitute a default on the part of the contractor. If the surety writing the Public Construction <br />Bond becomes disqualified, then this shall automatically constitute a failure on the part of the <br />Contractor to meet the above requirements. The performance bond shall contain a specific <br />provision that delay damages are covered by the performance bond. <br />In lieu of the Bonds, the Contractor may lbrnish an alternative form of security in the form of <br />cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as <br />listed in Part 11 of F.S. Chapter 625. Any such alternative form of security shall be for the <br />same purpose, and be for the same amount and subject to the same conditions as those <br />applicable to the bond otherwise required. The determination of the value of an alternative <br />form of security shall be made by the owner. <br />Such Bonds shall continue in effect for one (1) year after completion and acceptance of the <br />work. <br />23. Q—WNER,S R, HGTTOTERMINATECONTRACT: <br />A. If, in the opinion of the Owner, the Contractor shall be improperly perfbrming said <br />work, or shall neglect or refuse to remove and/or re -build such work as shall have been <br />rejected by the Engineer as being defective or unsuitable, or if at any time the Owner <br />shall be of the opinion that the said work is being unnecessarily delayed and will not <br />be finished within the prescribed time, they shall notify the Contractor in writing, and <br />if the Contractor shall not within ten (10) calendar days thereafter, take such measures <br />as will, in the judgement of the Owner, insure satisfactory performance, construction, <br />and completion of the work, the Owner may notify the Contractor to discontinue all <br />work under this Contract. The Contractor shall immediately respect said notice and <br />stop said work and cease to have any rights in the possession of the ground and shall <br />forfeit his Contract. The Owner may thereupon advertise and let a contract for the <br />uncompleted work in the same manner as was followed in the letting of this Contract <br />and charge the cost thereof to the original Contractor upon his Contract; any excess <br />of cost arising therefrom over and above the original Contract price shall be charged <br />against the original Contractor and his surety or sureties who shall be liable therefore. <br />GC -9