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2008-009 (2)
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2008-009 (2)
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Last modified
3/21/2016 10:10:41 AM
Creation date
9/30/2015 11:52:34 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
01/08/2008
Control Number
2008-009 (2)
Agenda Item Number
11.I.1
Entity Name
H & J Contracting
Subject
CR 512 Phase IV Improvements
Area
CR 512
Project Number
9611
Bid Number
2008012
Supplemental fields
SmeadsoftID
6829
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shall be made under the terms and conditions <br /> governing final payment, except that it shall not 2. CONTRACTOR's disregard of Laws <br /> constitute a waiver of Claims. or Regulations of any public body having <br /> jurisdiction ; <br /> 14.09 Waiver of Claims <br /> 3. CONTRACTOR's disregard of the <br /> A. The making and acceptance of final payment authority of ENGINEER; or <br /> r will constitute: <br /> 4. CONTRACTOR's violation in any <br /> 1 . a waiver of all Claims by OWNER substantial way of any provisions of the <br /> against CONTRACTOR, except Claims arising Contract Documents. <br /> from unsettled Liens, from defective Work <br /> appearing after final inspection pursuant to B . If one or more of the events identified in <br /> paragraph 14.06, from failure to comply with paragraph 15 .02 .A occur, OWNER may, after giving <br /> the Contract Documents or the terms of any CONTRACTOR (and the surety, if any) seven days <br /> special guarantees specified therein , or from written notice, terminate the services of <br /> CONTRACTOR's continuing obligations under CONTRACTOR, exclude CONTRACTOR from the <br /> the Contract Documents; and Site, and take possession of the Work and of all <br /> CONTRACTOR's tools, appliances , construction <br /> 2. a waiver of all Claims by CONTRAC- equipment, and machinery at the Site, and use the <br /> TOR against OWNER other than those same to the full extent they could be used by <br /> previously made in writing which are still CONTRACTOR (without liability to CONTRACTOR <br /> unsettled . for trespass or conversion), incorporate in the Work <br /> all materials and equipment stored at the Site or for <br /> which OWNER has paid CONTRACTOR but which <br /> ARTICLE 15 - SUSPENSION OF WORK AND are stored elsewhere, and finish the Work as OWNER <br /> TERMINATION 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 /> 15.01 OWNER May Suspend Work damages (including but not limited to all fees and <br /> charges of engineers, architects , attorneys , and other <br /> •' A. At any time and without cause, OWNER may professionals and all court or arbitration or other <br /> suspend the Work or any portion thereof for a period dispute resolution costs) sustained by OWNER <br /> of not more than 90 consecutive days by notice in arising out of or relating to completing the Work, such <br /> so writing to CONTRACTOR and ENGINEER which will excess will be paid to CONTRACTOR. If such claims, <br /> fix the date on which Work will be resumed . CON- costs, losses, and damages exceed such unpaid <br /> TRACTOR shall resume the Work on the date so balance , CONTRACTOR shall pay the difference to <br /> fixed . CONTRACTOR shall be allowed an adjust- OWNER. Such claims, costs , losses, and damages <br /> to ment in the Contract Price or an extension of the incurred by OWNER will be reviewed by ENGINEER <br /> Contract Times, or both, directly attributable to any as to their reasonableness and , when so approved by <br /> such suspension if CONTRACTOR makes a Claim ENGINEER, incorporated in a Change Order. When <br /> therefor as provided in paragraph 10.05. exercising any rights or remedies under this <br /> paragraph OWNER shall not be required to obtain the <br /> 15.02 OWNER May Terminate for Cause lowest price for the Work performed . <br /> r A. The occurrence of any one or more of the C . Where CONTRACTOR's services have been <br /> following events will justify termination for cause: so terminated by OWNER, the termination will not <br /> affect any rights or remedies of OWNER against <br /> 1 . CONTRACTOR's persistent failure CONTRACTOR then existing or which may thereafter <br /> to perform the Work in accordance with the accrue . Any retention or payment of moneys due <br /> Contract Documents (including, but not limited CONTRACTOR by OWNER will not release CON- <br /> to, failure to supply sufficient skilled workers or TRACTOR from liability. <br /> • suitable materials or equipment or failure to <br /> adhere to the progress schedule established 15.03 OWNER May Terminate For Convenience <br /> under paragraph 2 .07 as adjusted from time to <br /> time pursuant to paragraph 6.04); <br /> 00700 - General Conditions REV 04-07 <br /> 00700 - 43 <br /> F.XEngineedngU illiams%MasterConi tWlaster Contact D=mentsW0700 - General Conditions REV N4 Tdoc <br />
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