Agenda -11-06-2008 - 4p - Laserfiche WebLink

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