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Last modified
4/9/2018 11:38:22 AM
Creation date
3/23/2016 8:44:31 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Bid
Approved Date
07/05/2012
Control Number
2012-0000
Entity Name
Dunkelberger Engineering & Testing, Inc.
Subject
Old Dixie Highway Roadway Coring
Area
Dispute Resolution Mediation
Project Number
PSL-10-3054 (BG 10.5)
Alternate Name
Work Change Directive
Supplemental fields
FilePath
H:\Indian River\Network Files\SL00000A\S0003SR.tif
Meeting Body
Board of County Commissioners
Meeting Type
NA
SmeadsoftID
13603
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by CONTRACTOR to ENGINEER with the Application <br />for such payment. Such payment shall be made <br />under the terms and conditions governing final <br />payment, except that it shall not constitute a waiver of <br />Claims. <br />14.09 Waiver of Claims <br />A. The making and acceptance of final payment <br />will constitute: <br />1. a waiver of all Claims by OWNER <br />against CONTRACTOR, except Claims arising <br />from unsettled Liens, from defective Work <br />appearing after final inspection pursuant to <br />paragraph 14.06, from failure to comply with the <br />Contract Documents or the terms of any special <br />guarantees specified therein, or from <br />CONTRACTOR's continuing obligations under <br />the Contract Documents; and <br />2. a waiver of all Claims by CONTRAC- <br />TOR against OWNER other than those <br />previously made in writing which are still <br />unsettled. <br />ARTICLE 15 - SUSPENSION OF WORK AND <br />TERMINATION <br />15.01 OWNER May Suspend Work <br />A. At any time and without cause, OWNER may <br />suspend the Work or any portion thereof for a period <br />of not more than 90 consecutive days by notice in <br />writing to CONTRACTOR and ENGINEER which will <br />fix the date on which Work will be resumed. CON- <br />TRACTOR shall resume the Work on the date so <br />fixed. CONTRACTOR shall be al!Gwed an adjustmen <br />in the GGRtral;t PF*Ge or an exteRS*GR of the GentraG <br />15.02 OWNER May Terminate for Cause <br />A. The occurrence of any one or more of the <br />following events will justify termination for cause: <br />1. CONTRACTOR's persistent failure <br />to perform the Work in accordance with the <br />Contract Documents (including, but not limited <br />to, failure to supply sufficient skilled workers or <br />suitable materials or equipment or failure to <br />adhere to the progress schedule established <br />under paragraph 2.07 as adjusted from time to <br />time pursuant to paragraph 6.04); <br />2. CONTRACTOR's disregard of Laws <br />or Regulations of any public body having <br />jurisdiction; <br />3. CONTRACTOR's disregard of the <br />authority of ENGINEER; or <br />4. CONTRACTOR's violation in any <br />substantial way of any provisions of the <br />Contract Documents. <br />B. If one or more of the events identified in <br />paragraph 15.02.A occur, OWNER may, after giving <br />CONTRACTOR (and the surety, if any) seven days <br />written notice, terminate the services of <br />CONTRACTOR, exclude CONTRACTOR from the <br />Site, and take possession of the Work and of all <br />CONTRACTOR's tools, appliances, construction <br />equipment, and machinery at the Site, and use the <br />same to the full extent they could be used by <br />CONTRACTOR (without liability to CONTRACTOR for <br />trespass or conversion), incorporate in the Work all <br />materials and equipment stored at the Site or for <br />which OWNER has paid CONTRACTOR but which <br />are stored elsewhere, and finish the Work as OWNER <br />may deem expedient. In such case, CONTRACTOR <br />shall not be entitled to receive any further payment <br />until the Work is finished. If the unpaid balance of the <br />Contract Price exceeds all claims, costs, losses, and <br />damages (including but not limited to all fees and <br />charges of engineers, architects, attorneys, and other <br />professionals and all court or arbitration or other <br />dispute resolution costs) sustained by OWNER arising <br />out of or relating to completing the Work, such excess <br />will be paid to CONTRACTOR. If such claims, costs, <br />losses, and damages exceed such unpaid balance, <br />CONTRACTOR shall pay the difference to OWNER. <br />Such claims, costs, losses, and damages incurred by <br />OWNER will be reviewed by ENGINEER as to their <br />reasonableness and, when so approved by <br />ENGINEER, incorporated in a Change Order. When <br />exercising any rights or remedies under this <br />paragraph OWNER shall not be required to obtain the <br />lowest price for the Work performed. <br />C. Where CONTRACTOR's services have been <br />so terminated by OWNER, the termination will not <br />affect any rights or remedies of OWNER against <br />CONTRACTOR then existing or which may thereafter <br />accrue. Any retention or payment of moneys due <br />CONTRACTOR by OWNER will not release CON- <br />TRACTOR from liability. <br />00700 - General Conditions REV 5-10-13.doc <br />00700-43 <br />FAPublic Works\ENGINEERING DIVISION PROJECTS\1137-Old Dixie Hwy Resurfacing 53rd St to 71 st St\Admim\bid documents\Contract Documents\00700 - General Conditions REV 5- <br />10-13.doc <br />
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