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Agenda - 02-19-2008-4j1
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Agenda - 02-19-2008-4j1
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9/2/2008 8:47:06 AM
Creation date
8/28/2008 9:43:09 AM
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BOCC
Date
2/19/2008
Document Type
Agenda
Agenda Item
4j1
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Minutes - 20080219
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\Board of County Commissioners\Minutes - Approved\2000's\2008
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hands of the Contractor, to appropriate or use any or all materials and equipment at the <br />Project as may be suitable and acceptable, and may enter into an agreement for the <br />completion of the Work or pursue such other methods as in the CMAR's sole discretion and <br />opinion shall be necessary or appropriate for the completion of the Work in an acceptable <br />manner. All costs and charges incurred by the CMAR in proceeding in accordance with the <br />preceding sentence, including attorney's fees, and all costs incurred by the CMAR in <br />completing the Work shall be deducted from any amount due or which becomes due the <br />Contractor. If such costs and expenses incurred by the CMAR shall be less than the sum <br />which would have been payable under Contract Documents if it had been completed by the <br />Contractor, then the Contractor shall be entitled to receive the difference, but if such costs <br />and expenses shall exceed the sum which would have been payable under the Contract <br />Documents, the Contractor and the Contractor's surety or sureties shall be liable to the <br />CMAR for and shall pay to the CMAR the amount of such excess. <br />33.2 If the CMAR terminates the Agreement pursuant to this Article 33 and later it is determined <br />that the Contractor had not substantially failed to perform in accordance with the terms of <br />this Article, then the termination will be considered a termination for convenience under <br />Article 34. <br />ARTICLE 34. TERMINATION OR SUSPENSION BY THE CMAR FOR CONVENIENCE <br />34.1 The CMAR may, without cause, order the Contractor to terminate, suspend, delay, or <br />interrupt the Work in whole or in part for.such period of time as the CMAR may determine. <br />34.2 If the Contractor is subsequently ordered by the CMAR to resume the Work, any cost or <br />expenses to which the Contractor may be entitled by reason of the suspension, delay, or <br />interruption shall be recovered by means of a Change Order in accordance with Articles 13 <br />and 14 of these General Conditions and the Contractor's Construction Schedule and the <br />Master Schedule shall be adjusted in accordance with Article 13 of these General <br />Conditions. <br />34.3 The CMAR shall terminate the Work or portion thereof by written notice when the <br />Contractor is prevented from proceeding with the Work as a direct result of an executive <br />order of the President with respect to the prosecution of war or in the interest of national <br />defense. <br />34.4 In the event of termination by the CMAR under this Article, the Contractor shall be entitled <br />to receive the reasonable and documented direct costs incurred prior to termination, <br />including the cost of materials purchased for the Work which purchases cannot be <br />canceled or which material cannot reasonably be used by the Contractor on other work, <br />and the cost of closing down the Project in a safe and efficient manner, plus ten percent <br />(10%) thereof for overhead and profit, subject to the following conditions: <br />a) When the Contract is terminated before completion of all items *of Work, payment <br />shall be made for the actual number of units or items of Work completed at the <br />applicable contract prices, or as mutually agreed for items of Work partially <br />complete. If a mutual agreement cannot be reached, the CMAR shall have the <br />authority to make such equitable adjustment as it deems warranted and the Final <br />Payment shall be made accordingly. <br />b) Reimbursement for organization of any Work and moving equipment to and from <br />the job shall be considered when not otherwise provided for in the Contract <br />Documents where the volume of completed Work is too small to compensate the <br />Contractor for those expenses under unit prices. If a mutual agreement cannot be <br />GENERAL CONDITIONS FOR CM AT RISK PROJECT 41 of 42 JUNE 2007 EDITION
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