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2004-286
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2004-286
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Last modified
9/30/2016 1:50:56 PM
Creation date
9/30/2015 8:25:36 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
11/09/2004
Control Number
2004-286
Agenda Item Number
None
Entity Name
Johnson Controls Inc.
Subject
Energy Management System Installation
Area
Sheriffs Administration Building
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4731
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It is mutually agreed between the parties hereto that time is of the essence of this <br /> Contract. The parties acknowledge and agree that the Contractor has received a set of <br /> plans for the Work to be performed at the Indian River County Sheriffs Office , plans M- 1 <br /> through and including M-7 prepared by TLC Engineering , dated July 27 , 2004 from the <br /> County , and that the foregoing plans are not attached to this Contract due to their <br /> voluminous nature . It is mutually agreed between the parties hereto that time is of the <br /> essence of this Contract . <br /> 2 . 1 . Extra or Additional Work . Without invalidating this Contract, the County may at any <br /> time , by written change order and without preliminary notice to the surety , order extra work <br /> within the general scope of this Contract; request additional work ; or alter the work by <br /> addition or reduction , and the contract price will be adjusted accordingly . <br /> 2 . 2 . Suspension of work . The County shall have the right to suspend work wholly or in <br /> part for such period or periods as may be deemed necessary due to unsuitable weather or <br /> other conditions which the County considers unfavorable for the work to proceed . No <br /> delay damages or allowance of any kind will be made for such suspension of work ; <br /> Contractor' s sole remedy shall be an extension of time for completion of the Contract . <br /> 2 . 3 . Coordination/Cooperation . The County and its authorized representatives shall be <br /> permitted proper and safe access to the Work at the Project site, and all reasonable <br /> opportunity for the inspection of all Work and materials at the Project. The County <br /> reserves the right to perform activities in the area where Work is being done under this <br /> Contract with its own forces . The County reserves the right to permit other Contractors to <br /> work within the area where Work is being done under this Contract . Contractor shall <br /> afford the County, and other Contractors , proper and safe access to the Work at the <br /> Project site , and all reasonable opportunity for the introduction and storage of their <br /> equipment , materials and the execution of their work concurrently . Contractor shall not <br /> endanger any work of others by cutting , excavating , or otherwise altering their work and <br /> will only cut or alter their work with the written consent of the County's project manager <br /> and the others whose work will be affected . The County shall have sole authority and <br /> responsibility for such coordination . The County's project manager is Lynn Williams , <br /> Indian River County Building and Grounds Superintendent . <br /> 2 .4 . Differing Site Conditions . The Contractor shall promptly , and before such <br /> conditions are disturbed , notify the County in writing of: (1 ) subsurface or latent physical <br /> conditions at the Project site differing materially from those indicated in this Contract ; or (2) <br /> unknown physical conditions at the Project site of an unusual nature , differing materially <br /> from those ordinarily encountered and generally recognized as inherent in Work of the <br /> character provided for in this Contract. The County will promptly investigate the <br /> conditions , and if the County finds that such conditions do materially so differ and cause an <br /> increase or decrease in the Contractor's cost of, or the time required for, performance of <br /> any part of the Work under this Contract, an equitable adjustment shall be made and the <br /> Contract modified in writing accordingly . <br /> 2 . 5 . Independent Contractor. Contractor represents that it is fully experienced and <br /> properly qualified to perform the Work under the Contract and that it is properly licensed , <br /> equipped , organized and financed to perform such Work . Contractor shall act as an <br /> independent Contractor and not as the agent of County in performing the Work under this <br /> 3 <br />
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