Finance Committee - Agenda - 3/17/2021 - P397
DIVISION 6
SUPPLEMENTARY CONDITIONS
PROSECUTION OF WORK
DIVISION 6
SUPPLEMENTARY CONDITIONS
PROSECUTION OF WORK
2. At least 5 days prior to the proposed closure, the CONTRACTOR shall submit a detour traffic plan for each
location being detoured.
3. The CONTRACTOR shall install standard traffic control devices in accordance with the Detour Signage plan
provided in the bid documents and the Manual on Uniform Traffic Control Devices (MUTCD.)
4. The detour signage shall be covered when the road closure is not in effect.
B. CONTRACTOR shall notify the following agencies of any traffic delays or road closures three days in advance of the
work:
ARTICLE 17 - MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contact Documents requires the giving of written notice, it will be deemed to have
been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation
for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
17.02 Computation of Times
5. Not resume work after the effective date of a notice of termination unless and until receipt of a written notice
from the OWNER to resume performance.
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
15.01 Termination, Abandonment, or Suspension at Will
The OWNER, in its sole discretion, shall have the right to terminate, abandon, or suspend all or part of the project and
contract at will. If the OWNER chooses to terminate, abandon, or suspend all or part of the project, it shall provide
CONTRACTOR 10 day’s written notice of its intent to do so.
required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally
effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection
with the Work.
or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration
of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion
ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation to division of responsibilities pending
final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the
Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree
C. Payment Becomes Due
1. Not more than 30 days after presentation of the application for payment to OWNER with ENGINEER’s
recommendation, the amount recommended will become due, and when due will be paid by OWNER to
CONTRACTOR.
D. Reduction in Payment.
1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because:
a. Claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the
Work;
4. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i)
inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive,
extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the
responsibilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other
matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle
ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under
this paragraph.