Reso 2024-3606 - Laserfiche WebLink

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4. at the sole option of the FDOT, the reasonable actual cost of bonafide irrevocable orders made for the portion of the Work that was terminated prior to the date notice of FDOT’s termination for convenience is served for materials and equipment but not yet delivered to the Project site. However, such materials and equipment must be delivered to the FDOT to a site or location designated by the FDOT prior to release of payment for such materials and equipment. Any request for equitable adjustment shall be subject to the limitations of the Scope of Work and supported by actual invoices, time sheets, and other documentation of the actual costs incurred. The Contractor shall substantiate its request for payment in accordance with the requirements of the Contract. There is no entitlement to anticipatory profits or revenue or other economic loss arising out of or resulting from FDOT’s termination, for any reason, unless explicitly agreed to, in writing, by the FDOT as part of a final Contract Amendment that fully resolves all outstanding issues on the Project. c. If the termination is due to failure to fulfill the Contractor's obligations, the FDOT may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Contractor is liable to the FDOT for any additional cost occasioned to the FDOT thereby. d. If, after notice of termination for failure to fulfill Contract obligations, it is determined that the Contractor had not so failed, the termination will be deemed to have been affected for the convenience of the FDOT. In such event, adjustment in the Contract price will be made as provided in Paragraph “b” of this clause. e. The rights and remedies of the FDOT provided in this clause are in addition to any other rights and remedies provided by law or under this Contract. The Contractor shall proceed to complete any part of the Work, as directed by the FDOT, and shall attempt to settle all Subcontractor/Contractor claims and obligations under the Contract with the FDOT. Subject to the limitations in the Scope of Work, the Contractor shall be compensated by the FDOT for the Contractor's reasonable costs actually expended and profit earned on Work that has been fully completed and accepted by the FDOT. f. If only a portion of the Work is terminated, whether for convenience or for cause, the Contractor shall continue to complete the remaining portions of Florida Department of Transportation Public Transit Office TRIPS-22-CA-MB-LF-Model1 Standard Cutaway and Minibus Chassis Type Transit Vehicles Page 16 of 196 DocuSign Envelope ID: 6FD53F08-2BF8-412C-A338-B935DB86415F