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2000-307
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2000-307
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Last modified
8/6/2024 11:21:37 AM
Creation date
8/6/2024 11:20:27 AM
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Official Documents
Official Document Type
Agreement
Approved Date
10/10/2000
Control Number
2000-307
Agenda Item Number
11.G.4.
Entity Name
Proctor Construction Company
Subject
Construction Management at Risk Agreement
Area
North County Regional Park
Project Number
9926
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W The obligations of the Contractor under this Article 13.2(9) shall not extend to the liability of Architect - <br />Engineer, his agents or employees, arising out of (1) the preparation or approval of maps, drawings, <br />opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to <br />give directions or instruction by Architect -Engineer, his agents or employees providing such giving or <br />failure to give is the primary cause of the injury or damage. <br />(d) The Contractor hereby acknowledges receipt of ten ($10) dollars and other good and valuable <br />consideration from the Owner and acknowledges receipt of ten ($10) dollars and other good and valuable <br />consideration from the Architect -Engineer in exchange for giving the Owner and Architect -Engineer, <br />respectively, the indemnification provided above in Article 13.2.9. <br />(10) Builder's Risk Coveraee The Contractor shall take out and maintain during the life of this Agreement a Builder's <br />Risk Policy completed value form as a cost of the Project, issued to provide coverage on an "all risk" basis including <br />theft. This coverage shall not be lapsed or canceled because of partial occupancy by the Owner prior to final <br />acceptance of the Project. <br />(11) Certification of Insurance The Owner shall be furnished proof of coverage of insurance as follows: <br />Certificate of Insurance form will be furnished to the Owner along with the Contract Documents. These shall be <br />completed and signed by the authorized Florida Resident Agent and returned to the Risk Management Office. This <br />Certificate shall be dated and show: <br />(1) The name of the insured Contractor, the specific job by name and job number, the name of the insurer, the <br />number of the policy, its effective date and its termination date. <br />(2) Statement that the Insurer will mail notice to the Owner and a copy to the Architect -Engineer at least <br />fifteen (15) days prior to any material changes in provisions or cancellation of the policy. <br />(3) Certificate of Insurance shall be in the form as approved by Insurance Standards Office (ISO), and such <br />Certificate shall clearly state all the coverage required in this Section commencing at 13.2 and ending with <br />13.3.4. <br />ARTICLE 14 <br />TERMINATION OF THE AGREEMENT <br />AND <br />OWNER'S RIGHT TO PERFORM CONTRACTOR'S OBLIGATION <br />14.1 Termination by the Contractor If the Project is stopped for a period of thirty (30) days under an order of any court of other <br />public authority having jurisdiction or as a result of an act of government, such as a declaration of a national emergency <br />making materials unavailable, through no act or fault of the Contractor, or if the Project should be stopped for a period of sixty <br />(60) days by the Contractor, for the Owner's failure to make payments thereon, then the Contractor may, upon seven (7) days <br />written notice to the Owner, request payment for all work executed, the Contractor's fees earned to date, and for any proven <br />loss sustained upon any materials, equipment, tools, construction equipment, and machinery, including reasonable profit, <br />damages and terminal expenses incurred by the Contractor. <br />•.n- 'r .'-��ut •t r. I. -, ;t• -at,. rt • a.t. <br />(1) If the Contractor fails to perform any of Itis obligations under this Agreement including any obligation he assumes to <br />perform work with his own forces, the Owner may, after seven (7) days written notice during which period the <br />Contractor fails to perform such obligation, make good such deficiencies. The GMP, or the actual Cost of the <br />Project, whichever is less, shall he reduced by the cost to the Owner of making good such deficiencies, and the <br />Contractor's Construction Phase Nee shall be reduced by an amount required to manage the making good of such <br />deficiencies. <br />
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