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Reso 2014-2295
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Reso 2014-2295
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Last modified
1/8/2015 3:06:44 PM
Creation date
9/22/2014 1:18:41 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2014-2295
Date (mm/dd/yyyy)
09/18/2014
Description
Ratify Agmt w/PAC Comm Inc. for Construction Srvs for Intracoastal Seawall Repair
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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 cause <br />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 the <br />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 this <br />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 been <br />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 />with any terms or conditions set forth in this Agreement beyond the <br />specified period allowed to cure such default. <br />29.4.3 Contractor fails to commence the Work within the timeframes provided or <br />contemplated herein, or fails to complete the Work in a timely manner as <br />required by this Agreement. <br />29.5 Except as otherwise provided for in this Agreement, the City shall provide Written <br />Notice to Cure to Contractor as to a finding of default, and Contractor shall take all necessary <br />action to Cure said default within the Cure Period. The City may extend the Cure Period at <br />17 <br />
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