AG 2002 07 22 (Regular) - Laserfiche WebLink

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afforded access to. and shall be permitted to audit and copy. the Contractors records relating to this Contract. The Contractor shall preserve these records for a period of three years after final payment or for such longer period as may be required b_v law. 11.11 The Owner's not insisting_ upon strict compliance with any of the provisions of this Agreement and the Contract Documents. or not exercising an_v of its options provided hereir~ shall not be construed as a waiver of its right thereafter to require such compliance or to exercise any such options. 11.12 Project Records. The Design/Builder and its subcontractors shall maintain the following Project records: bid estimates, payment records, pa.woll records, meeting minutes, daily reports, low. diaries, schedules, internal correspondence, notes and memoranda and all correspondence between and among all of the parties involved in the Project including_ but not limited to all lower tier subcontractors, suppliers, manufacturers and vendors, the Architect and the Owner. These Project records shall be made readily available to the Owner upon request. Insert AK: 11.13 The Desi_ma/Builder's project ma~ and the Desi_m-ffBuildefs superintendent shall be full-time employees of the Design/Builder, The.project mana?.r and the superintendent shall each havea minimum of five years' exp_ erienee constructing projects similar to the Project. The project managers and the superintendent's previous work performance must, respeeiively, be acceptable to the Owner as to quali[y of workmanship and time of performance. Resumes of the projeet manager and the superintendent shall be submitted by the Desi~rv13uilder to the Owner at the time the Contract is signed. If either person is or becomes unacceptable to the Owner. the Design/Builder. ur)on written demand by the Owner. shall promptly remove the unacee_rrmble person and shall appoint a replacement satisfacto~ to the Owner. ARTICLE 12 TERMINATION OF THE AGREEMENT 12.1 TERMINATION BY THE OWNER 12.1.1 This Part 2 Agreement may be terminated by the Owner upon 14 days' written notice to the Design/Builder in the event that the Project is abandonetL If such termination occurs, the Owner shall pay the Design/Builder for Work completed and for proven loss sustained upon materials, equipment, tools, and construction equipment and machinery, including reasonable profit and applicable damages. 12.1.2 If the Design/Builder fails or refuses to supply sufficient and properly skilled labor, equipment or materials_ or fails in any respect to diligenQy prosecute Work, or otherwise is in default or breach of arty term of this Agreement, ~&e prc-Asicrz af*&2s Pa~ 2 )~aamer& the ~er may ~ve ~n nohce ~at ~e ~er ~n~ to temm~ ~s Pm 2 ~eement. ~e Desi~uilder fails to conect or ~e subsmtial ~ion to f~ilimte eo~ection of~e defa~u, faille or ne~ect ~ ~enW-fo= (24) ho=s ...... ~,~ ~ys a~er beMg ~ven notice, ~e ~ .... j ....................... wi~out prejudice to my o~er remedy ~a~ ~e emplo~em of ~e Desi~uilder md ~e possession of ~e sim md of all ma~d~s, eq~pmen~ reels md com~ction equipm~t md mac~ ~ereon omed by ~e Desi~lder ~d f~sh ~e Work by whamver me~od ~e ~er may deem e~cdient. ~ the ~paid hal~ce of ~e Con~t Sm ~excee~ ~e exp~e of f~s~g ~e Work md all ~es ~c~ed by ~e ~er, such excess shall be ~d ~ ~e Desi~lder. ~ ~e exp~e of complet~g ~e Work and all ~es ~c~ed by · e ~er excee~ ~e ~paid halmce~ ~e Desi~uilder shall pay ~e difference to ~e ~er. ~s obli~tion for pa~ent shall s~ve tem~afion of ~s P~ 2 ~eemem. Insert AL: 12.1.3 The Owner may also declare the Desi_an/Builder in default for any one or more of following reasons: (1) failure to complete the Work within the Contract Time or any extension thereofi (2) failure or refusal to remove rejected materials within 30 days: (3) failure or refmal to perform anew any defective or unacceptable Work: (4) failure to provide a qualified superintendent, competent worker~ or subcontractor~ to carry_ on the Work in an acceptable manner; (5) failure to prosecute the Work according to the agreed schedule of completion: (6). disregard or violation of any provision of the Contract Documents: (7), if the Design/Builder abandons the Project for 10 or more days: or (8) fail~re to promptly pay subcontractorl and material sup. pliers in a timely manner. 12.1.4 Neither the Owner nor its ~ents. employees or representatives shall be in an_v wa_v liable or accountable to the Desi_mtBuilder for the method by which completion of the Work. or any portion thereof, which is carded out by the Owner pursuant to this paragraph is accomplished or for the price paid therefor. The Desi_ma/Builder and surety are responsible for ail costs of completing- the Work. including the costs in excess of the original Contract Sum. The Desi_ma/Builder will be paid the amount saved if the cost of co~oletion is less than the ori_mnal Contract Sum. The Owner does not forfeit the right to recover damages from the Desi_m~Builder or surety for failure to complete the Contract by taking over the Work or by declaring the Desi_ma/Builder in default. t2.2 TERMINATION BY THE DESIGN/BUILDER VV"t~99165.4