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Reso 2014-2251
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Reso 2014-2251
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Last modified
3/18/2015 3:32:27 PM
Creation date
7/7/2014 3:35:53 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2014-2251
Date (mm/dd/yyyy)
06/19/2014
Description
Awd Bid 14-04-01/Agmt w/Lynx Construction: Arlen House Right-of-Way Improvemts
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Performance Bond and a Payment Bond in accordance with Section 2.7 of RFP No. 14 -04- <br />01 which is incorporated into this Agreement and requires that the Contractor furnish a <br />Performance and Payment Bond in the amount of 100% of the total Contract Price with the <br />City named as the Obligee, as security for the faithful performance of this Agreement and <br />for the payment of all persons performing labor or furnishing materials in connection with <br />Work under this Agreement. <br />28.2 Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be <br />amended from time to time, Contractor shall ensure that the Bond(s) are recorded in the public <br />records of Miami -Dade County and provide the City with evidence of such recording. <br />ARTICLE 29. THE CITY'S RIGHT TO TERMINATE <br />29.1 The City has the right to terminate this Agreement for any reason or no reason, upon <br />ten (10) days prior written notice to the Contractor stating the date upon which Contractor shall <br />cease all Work under this Agreement and vacate the Project Site. Upon termination of this <br />Agreement, all charts, sketches, studies, drawings, reports and other documents, including <br />electronic documents, related to Work authorized under this Agreement, whether finished or not, <br />must be turned over to the City. The Contractor shall be paid in accordance with provisions of <br />this Agreement, provided that said documentation is turned over to the City within twenty <br />(20) business days of termination. Failure to timely deliver the documentation shall be <br />cause to withhold any payments due without recourse by Contractor until all documentation is <br />delivered to the City. <br />29.2 If Contractor fails to comply with any term or condition of this Agreement, or fails <br />to perform any of its obligations hereunder, then Contractor shall be in default. Upon <br />the occurrence of a default which is not cured within the Cure Period, in addition to all remedies <br />available to it by law, the City may immediately, upon written notice to Contractor, terminate <br />this Agreement whereupon all payments, advances, or other compensation paid by the City to <br />Contractor while Contractor was in default shall be immediately returned to the City. The City <br />may also suspend any payment or part thereof or order a Work stoppage until such time as the <br />issues concerning compliance are resolved. Contractor understands and agrees that <br />termination of this Agreement under this Article shall not release Contractor from any obligation <br />accruing prior to the effective date of termination. <br />29.3 In the event of termination due to default, in addition to the foregoing Contractor shall be <br />liable for all costs and expenses incurred by the City in the re- procurement of the Work under <br />this Agreement. In the event of Default, the City may also issue a Notice to Cure and suspend or <br />withhold payments to Contractor until such time as the actions giving rise to default have <br />been cured. <br />29.4 A finding of default and subsequent termination for cause may include, without <br />limitation, any of the following: <br />29.4.1 Contractor fails to obtain and deliver to the City the Insurance <br />certificates, the Bonds, and the Permits in the manner and within the <br />time herein required. <br />29.4.2 Contractor fails to comply with any of its duties under this Agreement, <br />17 <br />
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