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2003-309
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2003-309
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Last modified
11/29/2016 2:22:58 PM
Creation date
9/30/2015 7:03:59 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/18/2003
Control Number
2003-309
Agenda Item Number
7.T.
Entity Name
Mid-State Mechanical of Vero Beach,Inc.
Subject
Chiller Replacement - Administration Building
Archived Roll/Disk#
3208
Supplemental fields
SmeadsoftID
3501
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Final Cleanup . Before the work is considered complete , all rubbish and unused material due to , or <br /> connected with , the work must be removed and the premises left in a condition satisfactory to the <br /> OWNER . All property, public or private , disturbed or damaged, during the execution of the work <br /> shall be restored to its former condition . Final payment will be withheld until such <br />work is <br /> accomplished. <br /> SAFETY AND PROTECTION <br /> Safety. The CONTRACTOR shall furnish and install all necessary equipment and facilities for the <br /> protection of the workers and the safety of the public and shall carry on this work in a manner best <br /> calculated to avoid injury to the public or to the workers . <br /> Protection of Adjacent Property and Utilities : The CONTRACTOR shall conduct his work in such a <br /> manner as to avoid damage to adjacent private or public property and shall immediately repair or pay <br /> for any damage incurred through his operations . The CONTRACTOR shall take cognizance of all <br /> existing utilities and he shall operate with due care in the vicinity of such utilities <br /> and shall <br /> immediately repair or have repaired at no additional costs to the OWNER any breakage or damage <br /> caused by his operation . Should the OWNER be required to make such repairs , the cost of such <br /> repairs shall be deducted from the contract price . <br /> TERMINATION/DEFAULT <br /> If the CONTRACTOR shall be adjudged as bankrupt , or if he should make a general assignment for <br /> the benefit of his creditor(s) , or if a receiver shall be appointed for the CONTRACTOR , or if he <br /> should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper <br /> materials , or if he should refuse or fail to make payment to persons supplying labor or materials for <br /> the work under the contract, or persistently disregards instructions of the OWNER , or fails to observe <br /> or perform , or be guilty of a substantial violation of any provision of the contract documents , then the <br /> OWNER , after serving at least ten (10) days prior written notice to the CONTRACTOR of its intent to <br /> terminate , and such default shall continue unremedied for a period of ten (10) days , may terminate the <br /> contract without prejudice to any other rights or remedies and take possession of the work ; and the <br /> OWNER may take possession of, and utilize in completing the work, such materials , appliances and <br /> equipment as may be on the site of the work and necessary therefore . The CONTRACTOR shall be <br /> liable to the OWNER for any damages resulting from such default . <br /> DELAY <br /> Notwithstanding the contract schedule , the County shall have the right to delay performance for up to <br /> three (3 ) months as necessary or desirable , and such delay shall not be deemed a breach of contract, <br /> but the contract schedule shall be extended for a period equivalent to the time lost by reason of the <br /> County's delay . <br /> If the work is stopped or delayed for more than three (3 ) months , either in whole or in substantial <br /> part , either the County or CONTRACTOR may elect to terminate the contract because of such delay . <br /> If such stoppage or delay is due to actions taken by the County within its control , CONTRACTOR ' S <br /> sole remedy under the contract shall be reimbursement for costs reasonably expended in preparation <br /> for or in performance of the contract plus CONTRACTOR ' S lost profit for the period of <br /> CONTRACTOR ' S performance on the jobsite . <br /> Page 12 of 48 <br />
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