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S Purchasing - Corley Redfoot EMS 9-1-1 Center Upfit
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S Purchasing - Corley Redfoot EMS 9-1-1 Center Upfit
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Last modified
4/27/2011 11:37:56 AM
Creation date
5/22/2009 12:46:15 PM
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BOCC
Date
9/19/2007
Meeting Type
Regular Meeting
Document Type
Contract
Agenda Item
6b
Document Relationships
Agenda - 09-19-2007-6b
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\Board of County Commissioners\BOCC Agendas\2000's\2007\Agenda - 09-19-2007
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13.16 The Contractor specifically recognizes that a delay by the Contractor in achieving any <br />Completion Date can have the effect of delaying the Substantial Completion of the Project, <br />or could force the CMAR to accelerate the Contractor's Work or the work of other <br />contractors. Such delay in achieving a Completion Date will necessarily cause damages, <br />losses, and expenses to the CMAR, including, but not limited to and by way of illustration <br />only, liquidated damages payable to the Owner, damages payable to other contractors, <br />increased and extended Project overhead, increased fees, increased costs of construction, <br />increased and extended operation costs of other facilities, and inefficiency and loss of <br />productivity. Such damages, losses, and expenses may be recovered from the Contractor <br />and, if the Contractor is bonded, its surety. <br />13. 17 The sum for liquidated damages payable to the Owner is the amount stipulated in the <br />CMAR Contract and reasonably estimated in advance to cover the losses to be incurred by <br />the Owner by reason of failure of said CMAR and the Contractor(s) to complete the Project <br />within the time specified in the Construction Management Contract, such time being in the <br />essence of this Agreement and a material consideration thereof. <br />ARTIC<_E 14. CHANGES IN THE WORK <br />14.1 Without invalidating fihe Contract Documents, the CMAR may, at any time, or from time to <br />time order additions, deletions, or revisions in the Work. Said additions, deletions,, or <br />revisions shall be authorized only by written Change Orders, Construction Change <br />Directives or Field Orders. Upon receipt of a Change Order, Construction Change Directive <br />or Field Order, the Contractor shall proceed with the Work involved. All such Work shall be <br />executed under the applicable conditions of the Contract Documents. If any change causes <br />an increase or decrease in the Contract Price and/or an extension or shortening of the <br />Contract Time, adjustments shall be made as provided in Article 14 and/or Article 15 of <br />these General Conditions. <br />14.2 If possible, Work shall not begin on any change or alteration to the Work until a written <br />Change Order is executed settling any change in the Contract Price or Contract Time. In <br />the event the Contractor and the CMAR cannot agree that an adjustment to the Contract <br />Price or the Contract Time is warranted, or cannot agree on the appropriate adjustment to <br />the Contract Price or the Contract Time, in order to expedite the Work and avoid or <br />minimize delay in the Work that might affect the Contract Price or Contract Time, the <br />Contractor shall, if so directed by the CMAR in writing, nevertheless proceed with the Work, <br />and any adjustment to the Contract Price or Contract Time shall be negotiated by the <br />parties .at a later date, utilizing the dispute resolution .procedures .under this Agreement if <br />necessary. Any claim for an adjustment in Contract Price or Contract Time, if not defined in <br />the Construction Change Directive, shall be promptly made in writing in accordance with <br />the procedures defined in Article 15.2 of these General Conditions. <br />14.3 The Designer, through the CMAR, may authorize minor changes or alterations in the Work <br />not involving change in the Contract Price or in the Contract Time and not inconsistent with <br />the overall intent of the Contract Documents. These may be accomplished by a Field <br />Order. Such alterations shall not invalidate the Contract Documents nor release the surety. <br />If the Contractor believes that any minor change or alteration authorized by the Designer <br />entitles the Contractor to an increase in the Contract Price and/or an extension of Contract <br />Time, the Contractor may make a claim therefore as provided in Article 14 and/or Article 15 <br />of these General Conditions. <br />14.4 Except in an emergency endangering life or property, no change shall be made by the <br />Contractor except upon prior written Change Order, Construction Change Directive or Field <br />Order authorizing such change. <br />GENERAL CONDITIONS FOR CM AT RISK PROJECT 29 of 42 JUNE 2007 EDITION <br />
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