Agenda - Council - 08/23/2016 - Laserfiche WebLink

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ARTICLE 15—SUSPENSION OF WORK AND construction equipment, and machinery TERMINATION at the Site, and use the same to the full extent they could be used by Contractor 15.01 Owner May Suspend Work (without liability to Contractor for trespass or conversion), A. At any time and without cause, Owner may suspend the Work or any portion thereof for a 2. incorporate in the Work all materials and period of not more than 90 consecutive days equipment stored at the Site or for which by notice in writing to Contractor and Owner has paid Contractor but which are Engineer which will fix the date on which stored elsewhere,and Work will be resumed. Contractor shall resume the Work on the date so fixed. 3. complete the Work as Owner may deem Contractor shall be granted an adjustment in expedient. the Contract Price or an extension of the Contract Times, or both, directly attributable C. If Owner proceeds as provided in Paragraph to any such suspension if Contractor makes a 15.02.13, Contractor shall not be entitled to Claim therefor as provided in Paragraph receive any further payment until the Work is 10.05. completed. If the unpaid balance of the Contract Price exceeds all claims, costs, 15.02 Owner May Terminate for Cause losses,and damages(including but not limited to all fees and charges of engineers,architects, A. The occurrence of any one or more of the attorneys, and other professionals and all following events will justify termination for court or arbitration or other dispute resolution cause: costs) sustained by Owner arising out of or relating to completing the Work, such excess 1. Contractor's persistent failure to perform will be paid to Contractor. If such claims, the Work in accordance with the Contract costs, losses, and damages exceed such Documents(including,but not limited to, unpaid balance, Contractor shall pay the failure to supply sufficient skilled difference to Owner. Such claims, costs, workers or suitable materials or losses, and damages incurred by Owner will equipment or failure to adhere to the be reviewed by Engineer as to their Progress Schedule established under reasonableness and, when so approved by Paragraph 2.07 as adjusted from time to Engineer, incorporated in a Change Order. time pursuant to Paragraph 6.04); When exercising any rights or remedies under this Paragraph Owner shall not be required to 2. Contractor's disregard of Laws or obtain the lowest price for the Work Regulations of any public body having performed. jurisdiction; D. Notwithstanding Paragraphs 15.02.13 and 3. Contractor's disregard of the authority of 15.02.0, Contractor's services will not be Engineer;or terminated if Contractor begins within seven days of receipt of notice of intent to terminate 4. Contractor's violation in any substantial to correct its failure to perform and proceeds way of any provisions of the Contract diligently to cure such failure within no more Documents. than 30 days of receipt of said notice. B. If one or more of the events identified in E. Where Contractor's services have been so Paragraph 15.02.A occur, Owner may, after terminated by Owner,the termination will not giving Contractor (and surety) seven days affect any rights or remedies of Owner against written notice of its intent to terminate the Contractor then existing or which may services of Contractor: thereafter accrue.Any retention or payment of moneys due Contractor by Owner will not 1. exclude Contractor from the Site, and release Contractor from liability. take possession of the Work and of all Contractor's tools, appliances, Standard General Conditions 00 72 00-46