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O-2002-2602
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O-2002-2602
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Last modified
11/2/2016 3:39:09 PM
Creation date
7/27/2006 8:11:26 AM
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Template:
Legislative Records
Legislative Type
Ordinance
Date
12/9/2002
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<br />e <br /> <br />e <br /> <br />proceed with performance of the services called for in the Bidding or Negotiating Phase. <br />This Phase shall terminate and the services to be rendered thereunder shall be <br />considered complete upon commencement of the Construction Phase or upon cessation <br />of negotiations with prospective Contractor(s) except as may otherwise be required to <br />complete their services called for in paragraph 6.2.2.5). <br /> <br />4.7 The Construction Phase will commence with the execution of the prime contract to <br />be executed for the work of the Project or any part thereof, and will terminate the date of <br />the final inspection. Construction Phase services may be rendered at different times in <br />respect of separate prime contracts if the Project involves more than one prime contract. <br /> <br />4.8 The Operational Phase will commence during the Construction Phase and will <br />terminate one year after the date of Substantial Completion of the prime contract for <br />construction, materials and equipment on which substantial completion is achieved. <br /> <br />4.9 If Owner has requested significant modifications or changes in the general scope, <br />extent or character of the Project, the time of performance of Engineer's services shall be <br />adjusted equitably. <br /> <br />4.10 If Owner fails to give prompt written authorization to proceed with any phase of <br />services after completion of the immediately preceding phase, or if the Construction <br />Phase has not commenced within 180 calendar days (plus such additional time as may <br />be required to complete the services called for under paragraph 6.2.2.5) after completion <br />of the Final Design Phase, Engineer may, after giving seven days written notice to Owner, <br />suspend services under this Agreement. <br /> <br />4.11 If Engineer's services for design or during construction of the Project are delayed <br />or suspended in whole or in part by Owner for more than three months for reasons <br />beyond Engineer's control, Engineer shall on written demand to Owner (but without <br />termination of this Agreement) be paid as provided in paragraph 4.1.1. If such delay or <br />suspension extends for more than one year for reasons beyond Engineer's control, or if <br />Engineer for any reason is required to render Construction Phase services in respect of <br />any prime contract for construction, materials or equipment more than 60 days after <br />Substantial Completion is achieved under that contract, the various rates of <br />compensation provided for elsewhere in this Agreement may be subject to equitable <br />adjustment. <br /> <br />4.12 In the event that the work designed or specified by Engineer is decided to be <br />fumished or performed under more than one prime contract, the Engineer will be <br />compensated in accordance with paragraph 5.1.2. <br />
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