2003-240 - Laserfiche WebLink

Home Browse Search

Contract #SG469AA (9) Section 306 of the Clean air Act (42 U. S . C . 1857(h)) , Section 508 of the Clean Water Act (33 U. S . C . 1368) , Executive Order 11738 , and Environmental Protection Agency regulations (40 CFR Part 15 ) . This item applies to all contracts and subcontracts in excess of $ 100 ,000 . ( 10) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94- 163 , 89 Stat. 871 ) . ( 11 ) In accordance with Section 215 of the Clean Water Act (33 U. S . C . 1251 et. Seq. ) and implementing EPA regulations, COUNTY agrees that preference will be given to domestic construction materials by COUNTY, its subcontractors, materialmen and suppliers in the performance of this AGREEMENT. This item applies to all construction contracts and subcontracts ARTICLE XXIV - TERMINATIONS A. Termination for Default: This AGREEMENT may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this AGREEMENT through no fault of the terminating party, provided that no termination may be effected unless the other party is given: ( 1 ) not less than ten ( 10) calendar days written notice delivered by certified mail, return receipt requested, and (2) an opportunity for consultation with the other party prior to termination. B . Termination for Convenience : This AGREEMENT may be terminated in whole or in part in writing by either party provided that the other party is given: ( 1 ) not less than thirty (30) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate, and (2) an opportunity for consultation prior to termination. C. If termination for COUNTY' s default is effected by DISTRICT, an equitable adjustment in the price provided for in this AGREEMENT shall be made, but ( 1 ) no amount shall- be allowed for unperformed services, and (2) any payment due to COUNTY at the time of termination shall be adjusted to cover any additional costs to DISTRICT because of COUNTY ' s default. If termination for DISTRICT ' s default is effected by COUNTY, or if termination for convenience is effected by DISTRICT, the equitable adjustment shall provide for payment of all services, materials , and costs , including prior commitment incurred by COUNTY up to the termination date. D . Upon receipt of a termination action under paragraphs "A" or `B " above, COUNTY shall : ( 1 ) Promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available all data, drawings , specifications , reports , estimates , summaries , and such other information and materials as may have been accumulated by COUNTY in performing this AGREEMENT, whether completed or in process. E. Upon termination under Paragraphs "A" or ` B " above, DISTRICT may take over the work or may award another party a contract to complete the work. R If, after termination for failure of COUNTY to fulfill contractual obligations , it is determined that COUNTY had not failed to fulfill contractual obligations, the termination shall be deemed to Page 9