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2012-054 RES AWARDING CONTRACT FOR REHABILITATION OF EAST ELEVATED STORAGE TANK TO CLASSIC PROTECTIVE COATINGS INC
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2012-054 RES AWARDING CONTRACT FOR REHABILITATION OF EAST ELEVATED STORAGE TANK TO CLASSIC PROTECTIVE COATINGS INC
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8/21/2012 10:55:18 AM
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5/31/2012 4:36:04 PM
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ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION <br />15.01 Owner May Suspend Work <br />A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period <br />of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will <br />fix the date on which Work will be resumed. Contractor shall resume the Work on the date so <br />fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the <br />Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim <br />therefor as provided in Paragraph 10.05. <br />15.02 Owner May Terminate for Cause <br />A. The occurrence of any one or more of the following events will justify termination for cause: <br />1. Contractor's persistent failure to perform the Work in accordance with the Contract <br />Documents (including, but not limited to, failure to supply sufficient skilled workers or <br />suitable materials or equipment or failure to adhere to the Progress Schedule established <br />under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); <br />2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; <br />3. Contractor's repeated disregard of the authority of Engineer; or <br />4. Contractor's violation in any substantial way of any provisions of the Contract Documents. <br />B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving <br />Contractor (and surety) seven days written notice of its intent to terminate the services of <br />Contractor: <br />1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's <br />tools, appliances, construction equipment, and machinery at the Site, and use the same to the <br />full extent they could be used by Contractor (without liabiliry to Contractor for trespass or <br />conversion); <br />2. incorporate in the Work all materials and equipment stored at the Site or for which Owner <br />has paid Contractor but which are stored elsewhere; and <br />3. complete the Work as Owner may deem expedient. <br />C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive <br />any further payment until the Work is completed. If the unpaid balance of the Contract Price <br />exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of <br />engineers, architects, attorneys, and other professionals and all court or arbitration or other <br />dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, <br />such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such <br />unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and <br />damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when <br />EJCDC C-700 Standard General Conditions of the ConstrucNon Contract <br />Copyright C) 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Paee 59 of 62 <br />
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