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Agenda - 09-19-2007-6a3
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Agenda - 09-19-2007-6a3
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9/2/2008 4:11:39 AM
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8/28/2008 10:59:15 AM
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BOCC
Date
9/19/2007
Document Type
Agenda
Agenda Item
6a3
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Minutes - 20070919
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\Board of County Commissioners\Minutes - Approved\2000's\2007
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b) The documentary evidence shall consist of a certified statement by the Contractor <br />and by each of the Contractor's Subcontractors individually, showing total <br />purchases of materials from each separate vendor and total sales and use taxes <br />paid to each vendor. Certified statements must show the invoice number, or <br />numbers, covered, and inclusive dates of such invoices. <br />c) Materials used from Contractor's or Subcontractor's warehouse stock shall be <br />shown in a certified statement at warehouse stock prices. <br />d) The Contractor shall not be required to certify the Subcontractor's statements. <br />ARTICLE 30. OPERATION OF OWNER'S FACILITIES <br />30.1 The Contractor agrees that all Work done under the Contract Documents shall be carried <br />on in such a manner so as to ensure the regular and continuous operation of the adjoining <br />or adjacent facilities. The Contractor further agrees that the sequence of operations under <br />the Contract Documents shall be scheduled and carried out so as to ensure said regular <br />and continuous operation. The Contractor shall not close any areas of construction until.so <br />authorized by the CMAR. The Contractor shall control operations to assure the least <br />inconvenience to the public. Under all circumstances, safety shall be the most important <br />consideration. <br />ARTICLE 31. THIRD PARTY BENEFICIARY CLAUSE <br />31.1 It is specifically agreed between the parties executing the Agreement that, with the specific <br />exception set forth paragraph 7.24 of these General Conditions, and that exception only, <br />the Contract Documents and the provisions therein are not intended to make the public, or <br />any member thereof, athird-party beneficiary of the Agreement, or to authorize anyone not <br />a party to the Contract Documents to maintain a suit far personal injuries or property <br />damage pursuant to the terms of provisions of the Contract Documents. <br />ARTICLE 32. MEASUREMENT OF QUANTITIES <br />32.1 A11 Work completed under the Contract Documents shall be measured by the Contractor <br />using United Skates customary units of measurement. The method of measurement and <br />computations to be used in determination of quantities of material furnished and of Work <br />performed under the Contract Documents shall be those methods set forth in the Contract <br />Documents or, if not specifically set forth therein, the method generally recognized as <br />conforming to good engineering practice. <br />ARTICLE 33. TERMINATION BY THE CMAR FOR CAUSE <br />33.1 If the Contractor fails to begin or complete the Work under the Contract Documents within <br />the time specified, or fails to perform the Work with sufficient labor and equipment or with <br />sufficient materials to insure the prompt completion of said Work, or shall perform the Work <br />unsuitably or shall discontinue the prosecution of the Work for three (3) consecutive days, <br />or if the Contractor shall became insolvent, be declared bankrupt, commit any act of <br />bankruptcy or insolvency, allow any final judgment to stand against the Contractor or its <br />affiliated companies unsatisfied for a period of forty-eight (48) hours, make an assignment <br />far the benefit of creditors, or for any other cause whatsoever shall not carry on the Work in <br />an acceptable manner, the CMAR may give notice in writing to the Contractor and the <br />Contractor's sureties of such delay, neglect, or default, specifying the same, and if the <br />Contractor within a period of three (3) days after such notice shall not proceed in good faith <br />and with reasonable speed to correct such delay, neglect, or default in accordance with <br />such notice, the CMAR shall have full power and authority, to the extent permitted by law, <br />without violating the Contract Documents, to take the prosecution of the Work out of the <br />GENERAt_ CONDITIONS FOR CM AT RISK PROJECT 40 of 42 JUNE 2007 EDITION <br />
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