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(04-01-01) Sea Wall Replacement & Restoration
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Last modified
6/13/2012 12:25:47 AM
Creation date
1/6/2011 11:55:55 AM
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CityClerk-Bids_RFP_RFQ
Project Name
Sea Wall Replacement & Restoration
Bid No. (xx-xx-xx)
04-01-01
Project Type (Bid, RFP, RFQ)
Bid
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15 11. if CONTRACTOR persistently fails to perform <br />the Work in accordance with the Contract Documents (in- <br />cluding, but not limited to, failure to supply sufficient skilled <br />workers or suitable materials or equipment or failure to <br />adhere to the progress schedule established under paragraph <br />2.9 as adjusted from time to time pursuant to paragraph 6.6): <br />15??. if CONTRACTOR disregards Laws or Regula- <br />tions of any public body having jurisdiction: <br />15.2.2. if CONTRACTOR disregards the authority of <br />ENGINEER; or <br />15.2.4. if CONTRACTOR otherwise violates in any sub- <br />stantial way any provisions of the Contract Documents; <br />OWNER may, after giving CONTRACTOR (and the surety. <br />if any.) seven days' written notice and to the extent permit- <br />ted by Laws and Regulations, terminate the services of <br />CONTRACTOR, exclude CONTRACTOR from the site and <br />take possession of the Work and of all CONTRACTOR's <br />tools, appliances, construction equipment and machinery at <br />the site and use the same to the full extent they could be used <br />by CONTRACTOR (without liability to CONTRACTOR for <br />trespass or conversion), incorporate in the Work all 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 the Work as OWNER may deem expedient. In <br />such case CONTRACTOR shall not be entitled to receive <br />any further payment until the Work is finished. if the unpaid <br />balance of the Contract Price exceeds all claims, costs, <br />losses and damages sustained by OWNER arising out of or <br />resulting from completing the Work such excess will be paid <br />to CONTRACTOR. If such claims, costs. losses and dam- <br />ages exceed such unpaid balance, CONTRACTOR shall pay <br />the difference to OWNER. Such claims. costs. losses and <br />damages incurred by OWNER will be reviewed by ENGI- <br />NEER as to their reasonableness and when so approved by <br />ENGINEER incorporated in a Change Order, provided that <br />when exercising any rights or remedies under this paragraph <br />OWNER shall not be required to obtain the lowest price for <br />the Work performed. <br />15.3. Where CONTRACTOR's services have been so ter- <br />minated by OWNER, the termination will not affect any rights <br />or remedies of OWNER against CONTRACTOR then existing <br />or which may thereafter accrue. Any retention or payment of <br />moneys due CONTRACTOR by OWNER will not release <br />CONTRACTOR from liability. <br />15.4. Upon seven days' written notice to CONTRACTOR <br />and ENGINEER, OWNER ma - <br />v, without cause and without <br />prejudice to any other right or remedy of OWNER, elect to <br />terminate the Agreement. In such case, CONTRACTOR shall <br />be paid (without duplication of any items): <br />15.4.1. for completed and acceptable Work executed in <br />accordance with the Contract Documents prior to the effec- <br />tive date of termination, including fair and reasonable sums <br />for overhead and profit on such Work; <br />41 <br />15.4.2. for expenses sustained prior to the effective date <br />of termination in performing services and furnishing labor, <br />materials or equipment as required by the Contract Docu- <br />mer;ts in connection with uncompleted Work, plus fair and <br />reasonable sums for overhead and profit on such expenses; <br />15.4.3. for all claims, costs, losses and damages incurred <br />in settlement of terminated contracts with Subcontractors, <br />Suppliers and others; and <br />15.4.4. for reasonable expenses directly attributable to <br />termination. <br />CONTRACTOR shall not be paid on account of loss of <br />anticipated profits or revenue or Ether economic loss arising <br />out of or resulting from such termination. <br />CONTRACTOR May Stop Bork or Terminate: <br />15.5. If, through no act or fault of CONTRACTOR, the <br />Work is suspended for a period of more than ninety days by <br />OWNER or under an order of court or other public author- <br />ity, or ENGINEER fails to act on any Application for <br />Payment within thirty days after it is submitted or OWNER <br />fails for thirty days to pay CONTRACTOR any sum finally <br />determined to be due, then CONTRACTOR may, upon <br />seven days' written notice to OWNER and ENGINEER, <br />and provided OWNER or ENGINEER do not remedy such <br />suspension or failure within that time, terminate the Agree- <br />ment and recover from OWNER payment on the same terms <br />as provided in paragraph 15.4. In lieu of terminating the <br />.Agreement and without prejudice to any other right or <br />remedy, if ENGINEER has failed to act on an Application <br />for Payment within thirty days after it is submitted, or <br />OWNER has failed for thirty days to pay CONTRACTOR <br />any sum 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 due <br />CONTRACTOR, including interest thereon. The provisions <br />of this paragraph 15.5 are not intended to preclude CON- <br />TRACTOR from making claim under Articles 11 and 12 for <br />an increase in Contract Price or Contract Times or otherwise <br />for expenses or damage directly attributable to CONTRAC- <br />TOR's stopping Work as permitted by this paragraph. <br />ARTICLE 16— DISPUTE RESOLUTION <br />If and to the extent that OWNER and CONTRACTOR have <br />agreed on the method and procedure for resolving disputes <br />between them that may arise under this Agreement, such <br />dispute resolution method and procedure, if any, shall be as set <br />forth in Exhibit GC -A, "Dispute Resolution Agreement," to be <br />attached hereto and made a part hereof. if no such agreement <br />on the method and procedure for resolving such disputes has <br />been reached, and subject to the provisions of paragraphs 9. 10, <br />9.11, and 9.12, OWNER and CONTRACTOR may exercise <br />
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