Ord 1980-059 - Laserfiche WebLink

Home Browse Search

I I I . . -2- ln a neat and workmanlike manner. Neither the final payment nor any provision in the Contract nor partial or entire use or occupancy of the premises by the Owner shall consititute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work, and pay for any damage to other work resulting therefrom, which may appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The Owner will give notice in writing of observed defects with reasonable promptness. 7. The City of San Marcos or its designated representatives shall have the right to examine and inspect rehabilitation work included in this Contract. Any orders or instructions to the contractor will be given by the City of San Marcos. Also, these representatives shall be permitted to examine and inspect all subcontractor's materials, equipment, payrolls, and conditions of employment pertaining to the work, inlcuding all relevant data and records. 8. If the Contractor fails to complete the work within the time specified by the Contractor, he shall pay to the Owner, not as a penalty but as liquidated damages, the amount of Fifteen and No/lOO Dollars ($15.00) for each day's delay in completion of the work. The saie amount is fixed and agreed upon by and between Contractor and Owner because of the imprac- ticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages Owner in such even would sustain. 9. The Contractor shall not be charged with liquidated damages for any delays in the completion of work due: (a) To any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tolls, or labor by reason of war, National Defense, or by any other national emergency; (b) To any acts of the Owner; (c) To causes not reasonably foreseeable by the parties to this-COntract at the time of the execution of this Contract which are beyond the control and without fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of another Contractor in the performance of some other Contract with the Owner, fires, floods, epidemics, strikes, quarantine restrictions, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; (d) To any delay of any subcontractor occasioned by any of the causes specified to Subparagragphs (a), (b), and (c) above. Provided, however, that the Contractor promptly, within ten days, notifies the Owner, in writing, of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this Contract, the Owner shall extend the Contract time by a period commensureate with the period of excusable delay to the completion of the work as a whole.