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Official Document Type
Agenda Item Number
Bip DiPietro Electric Inc.
Care-Full Air Conditioning
Amendment 1 to Preservation Grant Award Agreement
Old Fellsmere School Rehabilitation Project
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3 . persistently disregards laws , ordinances , or rules , regulations or orders of a public authority having <br /> jurisdiction; or <br /> 4 . otherwise is guilty of substantial breach of a provision of the Agreement. <br /> 4 . 1 . 2 When any of the above reasons exist. the Owner may, without prejudice to any other rights or remedies of <br /> the Owner and after giving the Contractor and the Contractor's surety, if any, seven days written notice , <br /> terminate employment of the Contractor and may, subject to any prior rights of the surety : <br /> 1 . take possession of the site and of all materials, equipment, tools, and construction equipment and <br /> machinery thereon owned by the Contractor; <br /> 2 . accept assignment of subcontracts <br /> 3 . finish the Work by whatever reasonable method the Owner may deem expedient. <br /> 4 . 1 . 3 The Contractor will be compensated for any work satisfactorily completed in accordance with <br /> this <br /> Agreement prior to notification of termination . <br /> 4 . 2 Termination by the Contractor <br /> 4 . 2 . 1 The Contractor may terminate the Agreement if the Work is stopped for a period of 30 days through no <br /> act or fault of the Contractor or a Subcontractor, Sub-subcontractor or other agents or employees or any <br /> other persons performing portions of the Work under agreement with the Contractor, for any of the <br /> following reasons : <br /> 1 . Issuance of an order of a court or other public authority having jurisdiction; <br /> 2 . An act of government such as a declaration of national emergency, making material unavailable ; <br /> 3 . Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of <br /> the reason for withholding such certification, or because the Owner has not made payment on <br /> a <br /> Certification of Payment within the time stated in the Agreement; <br /> 4 . If repeated suspensions, delays or interruptions by the Owner constitute in the aggregate more than 100 <br /> percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, <br /> whichever is less ; or <br /> 5 . the Owner has failed to furnish to the Contractor promptly, upon the Contactor ' s request, reasonable <br /> evidence that financial arrangements have been made to fulfill the Owner's obligations under the <br /> Agreement . <br /> (OWNER) Indian River County, Florida (CONTRACTOR) <br /> Bip DiPietro Electric , Inc . <br /> Caroline D . Ginn <br /> Chairman, Board of County Commissioners �---- <br /> Approved by BCC • ;; n « y 20 , 2nn4 U2 - .) <br /> Attest: President <br /> Jeffrey K . Barton, Clerk of Circuit Court Witnessed by : <br /> By : <br /> Date : <br /> ttorney, G'T,oftins II <br /> Approved as to Form and Legal Sufficiency <br /> Indan River Co Aflp ved pate <br /> i- admin. 1b (, <br /> rn Legal AK I <br /> mes E Chandler, County A ini ator Budge) j <br /> Dept. � � <br /> Date : January 26 , 2004 Hisk Mgr. <br />
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