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2000-090
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2000-090
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Last modified
3/12/2024 10:34:43 AM
Creation date
3/12/2024 10:17:28 AM
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Official Documents
Official Document Type
Agreement
Approved Date
03/21/2000
Control Number
2000-090
Agenda Item Number
11.H.2.
Entity Name
Tri-Sure Corp.
Subject
Rockridge Sewer Project
Bid Number
2028
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• <br />i <br />• <br />i <br />6706-050 <br />been paid, discharged, or waived. if CONTRACTOR <br />fails to do so, hen � NER. <br />may, after 'having served written notice on the saidCONTRACTOR <br />eitpay <br />unpaid bills, of which OWNER has written notice, direct, or withhold frojn the <br />CONTRACTOR's unpaid compensation a sum -of money doomed reasonably <br />sufficient to pay any and all such lawful claims until satisfactory evidence'is <br />furnished that all liabilities have been fully discharged whereupon payment to <br />CONTRACTOR shall be resumed, in accordance with the terms of this Contract, <br />but In no event shall the provisions of this sentence be construed to impose any <br />obligations upon OWNER to either CONTRACTOR or his Surety.. In paying any <br />unpaid bills of the CONTRACTOR, OWNER shall be deemed the agent of <br />CONTRACTOR and any payment so made by OWNER, shall be considered as <br />payment made under the Contract by not be liable t4o CONTRACTOR for anysuchEpaY CONTRACTOR <br />made inpgood f i h NER shall <br />I <br />SC -14.4. <br />Add four new paragraphs immediately after paragraph 14.4. of the General <br />Conditions which are to read as follows: <br />14.4.1. Should CONTRACTOR neglect to pay any undisputed claims, made in <br />writing to OWNER within thirty days after completion of the Work, but continuing <br />unsatisfied for a period of ninety days, OWNER may pay such claim and deduct the' <br />amount thereof from the balance due CONTRACTOR. OWNER may also, with the <br />written consent of CONTRACTOR, use any monies retained, due, or to become due <br />under this Contract for the purpose of paying for both labor and materials for the <br />Work, for which claims have not been filed. <br />14.4.2. Security is provided both by the Payment gond and the power of OWNER <br />to retain any monies for claims, but payment by one shall In no way impair or <br />discharge the lidnility of the other. <br />14.4.3. Any and all liens for work and materials may be paid off by OWNER within <br />a reasonable time after filing for record in accordance with State and local laws, a <br />notice of such liens except where the claim on which the lien is filed is being <br />litigated by CONTRACTOR, and in such case OV`INER may pay the amount of any <br />+ final judgment or decree or any such claim within a reasonable time after such final <br />judgment or decree shall be rendered. <br />+ 14.4.4. All monies paid by OWNER In settlement of liens as aforesaid, with the <br />costs and expenses Incurred by OWNER in connection therewith, shall be charged <br />to CONTRACTOR, shall bear Interest at the rate of three percentage points above <br />m the rediscount rate then charged by the Federal Reserve Bank, and shall be <br />- 00800-17 <br />IIY11616 , <br />i <br />
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