12-21-2020 BOC Regular Meeting - Laserfiche WebLink

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ARTICLE 27. OPERATION OF OWNER'S FACILITIES 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 Designer. The Contractor shall control operations to assure the least inconvenience to the public. Under all circumstances, safety shall be the most important consideration. ARTICLE 29. TERMINATION OR SUSPENSION BY THE OWNER FOR CAUSE If the Contractor fails 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 prompt completion of said work, or shall perform the work unsuitably or shall discontinue the prosecution of the work for three 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 for a period of forty-eight hours, or for any cause whatsoever shall not carry on the work in an acceptable manner, the Owner may give 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 Owner shall have the 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 hands of the Contractor, to appropriate or use any or all materials and equipment at the project as may be suitable and acceptable, and may enter into an agreement for the completion of the work or pursue such other methods as in the Owner's opinion shall be necessary or appropriate for the completion of the work in an acceptable manner. All costs and charges incurred by the Owner in proceeding in accordance with the preceding sentence, including attorneys' fees, and all costs incurred by the Owner in completing the work shall be deducted from any money due or which becomes due the Contractor. If such costs and expense incurred by the Owner shall be less than the sum which would have been payable under the Contract Documents if it had been completed by the Contractor, then the Contractor shall be entitled to receive the difference, but if such costs and expenses shall exceed the sum which would have been payable under the Contract Documents, the Contractor and the Contractor's surety shall be liable to the Owner for and shall pay to the Owner the amount of such excess. ARTICLE 29. TERMINATION OR SUSPENSION BY THE OWNER FOR CONVENIENCE 29.1 The Owner may,without cause, and at any time and for any reason terminate Contractor's services and work at Owner's convenience. Upon receipt of such notice, Contractor shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Agreement. 29.2 Upon such termination, Contractor shall be entitled to payment only as follows: 1) the actual cost of the work completed in conformity with this Agreement; plus, 2) such other costs actually incurred by Contractor as are permitted by the prime contract and approved by Owner; plus, 3) ten percent of the cost of the work referred to Article 29.1 for overhead and profit. There shall be deducted from such sums as provided in this subparagraph the amount of payments made to Contractor prior to the date of the termination of this Agreement. Contractor shall not Contractor Initia /IP( Owner Initial