specs

Document 00800
Page 16
13.8 NO THIRD PARTY BENEFICIARIES
Add Paragraphs 13.8.1 as follows:
13.8.1 This Contract is not intended and shall not be deemed or construed to confer any rights, powers, or privileges to
any person, firm, partnership, corporation, or other entity not a party hereto, unless otherwise specified herein.
ARTICLE 14
TERMINATION OR SUSPENSION OF THE CONTRACT
14.2.1 Add the following to the end of Subparagraph 14.2.1.2:
“…, or fails to provide the Owner with Conditional or Unconditional Upon Payment Lien Waivers or Final Lien
Waivers for all contractors, vendors, and material suppliers who have furnished labor, equipment, and/or material to the
Work.”
Add the following Subparagraphs 14.2.1.5, 14.2.1.6, 14.2.1.7 as follows:
14.2.1.5 Repeatedly refuses to carry out the Work in accordance with the Contract Documents, the Owner’s written
instructions, Requests for Information, Architect’s Supplementary Instructions, Construction Change
Directives, or approved Change Orders.
14.2.1.6 Repeatedly performs the Work in a non-conforming or deficient manner, or provides sub-standard materials
and/or equipment, or provides sub-standard or unskilled subcontractors or workers.
14.2.1.7 Becomes the subject of a voluntary or involuntary bankruptcy, receivership, or if the Contractor’s payments
from this Contract become subject to an IRS tax lien.
Add the following Paragraphs 14.3.3 through 14.3.4 as follows:
14.3.3 At any time subsequent to suspension by Owner for convenience, the Owner may, without cause, terminate the
Contract after giving the Contractor and the Contractor’s surety, if any, seven (7) days written notice to
terminate employment of the Contractor and may, subject to any prior rights of the surety:
14.3.3.1 Take possession of the site and of all materials
14.3.3.2 Accept assignment of subcontractors pursuant to Paragraph 5.4; and
14.3.3.3 Finish the Work by whatever reasonable method the Owner may deem expedient.
14.3.4 When the Owner terminates the Contract for convenience, Contractor shall be entitled to receive final payment
as follows:
14.3.4.1 Contractor shall submit a final statement showing all materials, equipment, labor, general conditions, overhead,
profit and services expended to date and incorporated into the work through the date of termination.
14.3.4.2 Contractor shall receive a percentage of its fee equal to the ratio of the cost of the Work as completed to the
date of termination divided by the total Contract Sum at the Time of termination, including all approved scope
changes and all reasonable costs incurred to date including costs to demobilize the project, cancellation charges
and out of pocket expenses as out lined in Schedule A of this Agreement.
Delete 14.4.3 and substitute:
NAPA CENTURY CENTER XD 12
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