My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
1999-049
CBCC
>
Official Documents
>
1990's
>
1999
>
1999-049
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
7/12/2023 10:10:37 AM
Creation date
7/12/2023 9:54:22 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Miscellaneous
Approved Date
02/16/1999
Control Number
1999-049
Entity Name
Driveways Inc.
Subject
Cherrywood Estates Water Expansion Project# 98-05-DS
Jump to thumbnail
< previous set
next set >
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
234
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
i <br />4D <br />15.1.1. if CONTRACTOR persistently fails to perform <br />the Work in accordance with the Contract lkscumertts fin- <br />clntdiag, but not limited to. failure to supply suhfleieat siulltd <br />workers or suitable materials or equipamt or fu'lurc to <br />adh= to the prapeas schedule essablishod under paragraph <br />ZF as adjuviod from time to sirne pursuant to pfuagmph 6.61; <br />15.7-2. if CONTRACTOR disregards laws or Regula. <br />tions of any public body having3nuisdictiott: <br />15.1.1. if CONTRACTOR disregards the tulisority of <br />ENGINEER: or <br />15.2-4. if CONTRAC T OR athcrurese vWx— in say sub - <br />ata ZW way any pmviaions of the Contract Dootmcntat <br />OWNER may. after giving CONTRACTOR land the Suety, <br />if any.i severs days' vainer notice sod to tit extent permit' <br />red by laws and Regulations. tutrrirwe the scrvk= of <br />CONTRACTOR. exclude CONTRACTOR (min the site sod <br />take possession of the Work and of all CONTRACCi'OR's <br />Wall. appliances. construction equipment and machinery at <br />the site and use the time to the full extent they could be used <br />by CONTRACTOR (without liability to CONTRACTOR for <br />trrapass or conversiool. incorparaute in the Work alt materi- <br />als and equipment stored at the site or for which OWNER <br />has paid CONTRACTOR but which are stored elsewhere, <br />and finish tine Work as OWNER may deem expedient. 1n <br />such etre CONTRACTOR shall not be entitled to active <br />any farther payment until the Work is fmishcd. Ilthe unpaid <br />balance of the Contract Price exceeds All claims. cost$, <br />losses and dantages sustained by OWNER arising out of or <br />resulting from complcriog the Work such excess will be paid <br />to CONTRACTOR. If such claims. costs. losses and dam. <br />ages exceed such unpaid balance. CONTRACMR altall pay <br />the diffcmncc to OWNER. Such claims, casts. losses and <br />damages incurred by OWNER will be reviewed by ENGI- <br />NEER as to their reasonableness and wl[ea so approved by <br />F14GINFIER incorporated 1n a Chasrgc Onkr. provided that <br />when cxcrcising any rights or remedies under this paragraph <br />OWNER shall not be required to obtain the lowest price for <br />the Work perfarmcd. <br />15.3. Where CONT tAc_"✓ MR.'S cervi= I— Lr u su r�r- <br />minated by OWNER, the termination ;sill not affect any rights <br />or rr-modics of OWN Chi against CONTRAMP then existing <br />or which may du=after acetic. Any retention or payment of <br />moneys due CONTRACTOR by OWNER will not reteassc <br />COrdT°RACiOR from liability. <br />i5.4. upon seven iys' wrintrr notice to%vi+i-Ark---g <br />and ENGINEER. OWNER may. without cum and without <br />ptejtrriice to any other rWiI or remedy of OWNER, clew to <br />tcrrruswr the Agrcerrtent. In such case. CONTRACIOR alta" <br />be paid 1,withotu duplication of any items): <br />I5.4.1. for complered and acceptable Work exccutcd in <br />accordance with the Contract Documents Pnor to the cffec- <br />live duc of termination. including fair and rrasortWc sums <br />fax uvrrt,md err.) ptcrt on t�xh `flak; <br />15.4.2. For expemes Sustained prior to she effcttive dine <br />of terrninuion in performing services and furaisltiag Libor. <br />materials or equipment as tequited by the Contr= Docu- <br />mcrtm in connection with uncompksed Work, plus fair and <br />reasonable sunt: for overhead surd profit on such expenses. <br />15.43. forail claims. costs. losses and damages incurred <br />in xttt nwrit of tr minstod contracts with Subcontract+, <br />Suppliers and otters; and <br />15.4.4. for teasomble expresses directly Mr[E%tttxble to <br />termirut iou. <br />CONTRACTOR shag trot be paid oo seaortnt Of loss of <br />anticiFuttod pevfas or reverse or other economic loss arising <br />DUE of or "Ling from st=et, ttJTl itudl m <br />CO MR uOY srOP WOfk ar Tam"Wr; <br />153. - If. through rho act or fault of CONTRA=11-the . <br />Work is gvspeadod for a period of more thin ninety days by <br />OWNER or under in order of noun or other public AuEtWtr <br />sty. or ENGINEER fu'ts to stn on any Appjica[ian for <br />Payment within thirty days after it is Submitted or OWNER <br />fails for thirty days to pay CONTRACMIX any sum fatally <br />dctcrminod to be due, then CONITACTOR may. uPon <br />seven days' written notice to OWNER and ENGINEER, <br />and provided OWNER or ENGINEER do not rtm4dy such <br />3uspcwimt or failure within that time, term inazd the Avcc <br />menu and rocovcr from OWNER payment an the s!�_ tcrm <br />as provided In paragraph 15.4. In lieu of ttttriinssing the <br />Agreement and without prejudice w any other right or <br />remedy, if ENGINEER has failed to act on an Application <br />for Payment within thirty days after it iY submittod, orCONTRACTOR <br />OWNER has failed for thirty days to pay <br />any sun, finally determined to be due. CONTRACTOR may <br />upon seven day's written notice to OWNER and ENGI- <br />NEER stop the Work until payment of all such amounts duc <br />CONTRACTOR, inclining interest therron. The provisions <br />of this paragraph 153 are not intended to preetude CON- <br />'gRAC71'OR from malting ctaim under Articles 11 and 12 for <br />an increase in Contract Price or Contractl1mca or otherwise <br />for expanses or damage dirccdy attributable to CONTRAC- <br />il]ft'S stopping'r'datw as pennivai Ly rani P4ivy`.:k"h. <br />ARTICT_8 I6_DlSpuTE REESOUMON <br />If and to the tatter that OWNER and CONTRACTOR stave <br />sgxrxd an the method acrd procrcturc for resolvhsg disputes <br />b,,,= them that may arils under this AV----- - ratters <br />dispute resolu[:oo method and procedum If any. drat11 be as act. <br />forth in Exhibit GC -A. "Dispute Resolution Apeesncoa•' to be <br />attached hereto and made a put nesse(. If no erred rIMU <br />on the method and procedure for rr,,*IAns sueF+d+spu hs F 1-2 <br />1Q. <br />been readied. and subject to the pro,visior ofoR . 0. <br />n.11. ark.! 9.1I. 0WNF?R and CONTR MAY <br />
The URL can be used to link to this page
Your browser does not support the video tag.