1991-04-11_GENERAL DOCUMENTS - C1981031

• Permit No: C1981031
• IBM Index Class Name: General Documents
• Doc Date: 4/11/1991
• Doc Name Note: New Pryor Closeout
• Doc Name: IMP Closeout Files
• From: DRMS
• To: DRMS
• Media Type: D
• Archive: No

• 4/02/90
If the CONTRACTOR should fail to prosecute the work properly and diligently,
or default performance of any provision of the purchase order and its
collateral documents, the OWNER after seven days written notice to the
CONTRACTOR and his surety may, without prejudice to any other remedy the OWNER
may have, dismiss the CONTRACTOR and complete the work and may deduct the cost
of so doing from any unpaid balance of the contract price due or to become due
the CONTRACTOR. If such cost of completion of the work is in excess of the
unpaid balance of the contract price, the CONTRACTOR shall reimburse the OWNER
for such excess or the OWNER shall have cause of action at law for the amount
of such excess and all costs of prosecution of such action.
10. LIQUIDATED DAMAGES
If the CONTRACTOR shall neglect, fail or refuse to complete the work within
the time agreed upon in this purchase order contract or any extension thereof,
the CONTRACTOR shall be liable to the OWNER in the amount specified the
Special Conditions for this project for each and every calendar day the
completion of the work is delayed beyond the time provided in this purchase
order contract, as fixed and agreed liquidated damages and not as a penalty.
If the OWNER terminates the CONTRACTOR'S right to proceed, the resulting
damage will consist of liquidated damages until such reasonable time as may be
required for final completion of the work along with any increased costs
incurred by the OWNER in completing the work. If the OWNER does not terminate
the CONTRACTOR'S right to proceed, the resulting damage will consist of
liquidated damages until the work is- completed or accepted.
The OWNER shall have the right to deduct from and retain out of monies which
may be due or which may become due and payable to the CONTRACTOR, the amount
of such liquidated damages; and if the amount so retained by the OWNER is
insufficient to pay in full such liquidated damages, the CONTRACTOR shall pay
to the OWNER the amount necessary to effect payment in full of such liquidated
damages.
11 . PLANS AND WORKING DRAWINGS
The drawings if any, included with this specification are complete and
adequate for construction. While every effort has been made to have the plans
and drawings free of errors and ambigui ties, any such points must be brought
to OWNER'S attention immediately. The successful bidder will be provided with
two (2) full sized sets of drawings.
12. DAILY JOB LOGS
The CONTRACTOR will be required to fill out daily job logs, which will be
provided by the PROJECT MANAGER. Completed daily job logs should be submitted
to the PROJECT MANAGER on a weekly basis. A sample is attached.
MLRD-6