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2003-348.C
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2003-348.C
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Last modified
1/23/2017 2:23:02 PM
Creation date
9/30/2015 7:10:56 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
12/16/2003
Control Number
2003-348.C
Agenda Item Number
11.I.4
Entity Name
Barth Construction
Subject
Contract and Specifications Kitching Station Trailhead
Area
North County Regional Park
Project Number
0219
Bid Number
5099
Archived Roll/Disk#
3208
Supplemental fields
SmeadsoftID
3566
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supply sufficient skilled workers or suitable materi- rights or remedies of OWNER against CONTRACTOR— <br /> als or equipment or failure to adhere to the progress then existing or which may thereafter accrue. Any retention <br /> schedule established under paragraph 2 .07 as or payment of moneys due CONTRACTOR by OWNER <br /> adjusted from time to time pursuant to paragraph will not release CONTRACTOR from liability. <br /> 6 .04) ; <br /> A new Paragraph 15.02.D has been added. See the <br /> ' 2 . CONTRACTOR' s disregard of Laws or Supplementary Conditions. <br /> Regulations of any public body having jurisdiction; <br /> 15 .03 OWNER May Terminate For Convenience <br /> ' 3 . CONTRACTOR' s disregard of the <br /> authority of ENGINEER; or A. Upon seven days written notice to CON- <br /> TRACTOR and ENGINEER, OWNER may, without cause <br /> 4 . CONTRACTOR's violation in any and without prejudice to any other right or remedy of <br /> substantial way of any provisions of the Contract OWNER, elect to terminate the Contract. In such case, <br /> Documents. CONTRACTOR shall be paid (without duplication of any <br /> items): <br /> ' New Paragraphs 15.02.A.5 and 15.02.A.6 have been <br /> added. Seethe Supplementary Conditions. 1 , for completed and acceptable Work <br /> executed in accordance with the Contract Docu- <br /> The third sentence of Paragraph 15.02.B has been ments prior to the effective date of termination, <br /> ' deleted and replaced with a new sentence. See the including fair and reasonable sums for overhead and <br /> Supplementary Conditions. profit on such Work; <br /> B . If one or more of the events identified in paragraph <br /> ' 15 .02.A occur, OWNER may, aftergiving CONTRACTOR 2 , for expenses sustained prior to the <br /> (and the surety, if any) seven days written notice, terminate effective date of termination in performing services <br /> the services of CONTRACTOR, exclude CONTRACTOR and furnishing labor, materials, or equipment as re- <br /> from the Site, and take possession of the Work and of all quired by the Contract Documents in connection <br /> ' CONTRACTOR' s tools, appliances, construction equip- with uncompleted Work, plus fair and reasonable <br /> went, and machinery at the Site, and use the same to the full sums for overhead and profit on such expenses; <br /> extent they could be used by CONTRACTOR (without <br /> ' liability to CONTRACTOR for trespass or conversion), Paragraph 15.03.A.3 has been deleted in its entirety. <br /> incorporate in the Work all materials and equipment stored 3 . f" " 11 elaiin" "^"t" losses, and dan nos <br /> at the Site or for which OWNER has paid CONTRACTOR <br /> but which are stored elsewhere, and finish the Work as > <br /> OWNER may . deem expedient. In such case, <br /> CONTRACTOR shall not be entitled to receive any fii Cher <br /> payment until the Work is finished. , <br /> ' the n t.. t Priee exeeeds all elaiff% eest" loose" an and ediem and <br /> dwaages (i 1 ,7 ng 1....t not 1 kyA* d to " 11 fes and ehar-^e" e f <br /> 4, for reasonable expenses directly <br /> - , bar etheF d • efeselti ^ ^"t") attributable to termination, <br /> sustained by QVA��R arising—eut of o r-el��o <br /> B . CONTRACTOR shall not be paid on account of <br /> If such claims, costs, losses, and loss of anticipated profits or revenue or other economic loss <br /> ' damages exceed such unpaid balance, CONTRACTOR arising out of or resulting from such termination. <br /> shall pay the difference to OWNER Such claims, costs, <br /> losses, and damages incurred by OWNER will be reviewed 15 .04 CONTRACTOR May Stop Work or Terminate <br /> by ENGINEER as to their reasonableness and, when so <br /> approved by ENGINEER, incorporated in a Change Order. Parts of Paragraph 15.04 have been deleted. <br /> When exercising any rights or remedies under this A. If, through no act or fault of CONTRACTOR, the <br /> paragraph OWNER shall not be required to obtain the Work is suspended for more than 90 consecutive days <br /> by <br /> ' lowest price for the Work performed. OWNER or under an order of court or other public <br /> authority, or ENGINEER fails to act on any Application for <br /> C. Where CONTRACTOR' s services have been so Payment within 30 days after it is submitted, er. OWNE <br /> ' terminated by OWNER, the termination will not affect any fails forr 30 day:rte pay GONTMGTOR n sum finally <br /> 00700 - 44 <br />
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