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AG 2009 07 20
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AG 2009 07 20
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Last modified
2/8/2010 9:53:28 AM
Creation date
11/27/2017 11:25:56 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/8/2010
Board
Board of Commissioners
Meeting Type
Regular
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promptly and furnish information expeditiously, so as to avoid unreasonable delay in the <br />services or Work of the Construction Manager at Risk. Owner has retained an Architect to <br />provide services, including normal structural, mechanical and electrical engineering <br />services and the Owner shall authorize and cause the Architect to provide other services <br />requested by the Construction Manager at Risk which must necessarily be provided by the <br />Architect for the pre-construction of the Work. Such services shall be provided in <br />accordance with time schedules agreed to by the Owner, Architect and Construction <br />Manager at Risk. Upon request by the Construction Manager at Risk, the Owner shall <br />furnish to the Construction Manager at Risk a copy of the Owner's agreement with the <br />Architect, from which compensation provisions maybe deleted. <br />ARTICLE 5 -DEFAULT BY CONSTRUCTION MANAGER AT RISK <br />A. Events of Default - If the Construction Manager at Risk fails to begin the Work <br />under the contract within the time specified, or the progress of the Work is not maintained <br />on schedule, or if the Work is not completed within the time above specified, or the <br />Construction Manager at Risk allows the Work to be performed unsuitably or shall <br />discontinue the prosecution of the Work, or shall not carry on the work in an acceptable <br />manner, or if the Construction Manager at Risk becomes insolvent or declared bankrupt or <br />commits any act of bankruptcy or insolvency, or allows any final judgments to stand <br />against it unsatisfied for a period of 48 hours, or makes an assignment for the benefit of <br />creditors, or for any other breach of the Contract whatsoever, the Owner may give notice <br />in writing, sent by certified mail, return receipt requested or by overnight courier, to the <br />Construction Manager at Risk and its Surety of such delay, neglect or default, specifying <br />the same and if the Construction Manager at Risk, within a period of fifteen (15) days after <br />the date of such notice shall not proceed in accordance therewith ,then the Owner may <br />declare this Contract to be in default and thereupon the Surety shall promptly take over <br />the Work and complete the performance of this Contract in the manner and within the <br />time frame specified. <br />B. Owner's Right to Take Over Work - In the event the Surety shall fail to take over <br />the Work to be completed under the Contract Documents within fifteen (15) days after being <br />so notified, or within said time fails to notify the Owner in writing, sent by certified mail, <br />return receipt requested, that it is taking the same over within such time, and stating that it <br />will diligently pursue and complete the same, the Owner shall have full power and authority, <br />without violating any portion of the Contract Documents, to take the prosecution of the Work <br />out of the hands of said Surety, to appropriate and/or use any or all Contract materials and <br />equipment on the premises as may be suitable and acceptable and may enter into an <br />agreement, either by public letting or by negotiation, for the completion of the Contract <br />according to the terms and provisions thereof and may use such other methods as in its <br />opinion shall be required for the completion of the Contract in an acceptable manner. <br />C. Assignment of Subcontracts -Each contract between the Construction Manager <br />at Risk and the Subcontractors shall provide for the assignment of the contract to the Owner in <br />8 <br />F-4 <br />Attachment number 1 <br />Page 154 of 627 <br />
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