City’s Right to Carry Out Work. 6.3.1 If the City determines to order the Contractor to stop the Work under the provisions of Paragraph 6.2, the City shall provide notice to the Contractor and the Contractor’s surety under the performance bond that they have seven (7) days to provide adequate assurance to the City that the cause of such stoppage will be eliminated or corrected and provide the City with a plan to remedy the cause of such Work stoppage. If the Contractor and the surety fail within seven (7) days of such Work stoppage to provide such assurance, then the City may, without prejudice to any other rights or remedies the City may have against the Contractor, proceed to carry out the remedies necessary to eliminate or correct the cause of such Work stoppage. Upon proceeding to perform or cause to be performed any corrective actions, the City shall provide notice to the Contractor and the surety of action being taken by the City. In such a situation, an appropriate Change Order shall be issued deducting from the Contract Price the cost of correcting the subject deficiencies. If the unpaid portion of the Contract Price is insufficient to cover the amount due the City, the Contractor and the surety shall be responsible for paying the difference to the City.
City’s Right to Carry Out Work. 2.5.1 If Design Build Contractor fails to carry out work in accordance with the Contract, and fails within the period established in a Notice of Noncompliance to correct the nonconforming work, City may, after expiration of the r1e6quired period, correct the deficiencies without prejudice to other remedies City may have, including rights of City under Section 14.1.
2.5.1.1 When City corrects deficiencies, City Engineer will issue an appropriate Change Order and deduct from payments then or thereafter due Design Build Contractor the cost of correcting the deficiencies, including compensation for17 other design consultants and City Engineer’s additional services and expenses made necessary by such default, neglect, or failure. This action by City and amounts charged to Design Build Contractor are both subject to prior approval of City Engineer. If payments, then or thereafter due Design Build Contractor are not sufficient to cove1r 8these amounts, Design Build Contractor shall pay the difference to City. Costs of correcting deficiencies which would have otherwise been reimbursable to Design Build Contractor, as determined by the City Engineer in his sole discretion, shall not be deducted from sums otherwise due Design Build Contractor, but shall be considered a Cost of the Work, as determined by the City Engineer in his sole discretion, in determining Guaranteed Maximum Price and any savings shall revert to the City.
2.5.2 Notwithstanding City’s right to carry out Work, maintenance and protection of the Work remains Design Build Contractor’s responsibility, as provided in the Contract.
City’s Right to Carry Out Work. If the CONTRACTOR defaults or neglects to carry out the Work in accordance with the Contract Documents, after giving seven (7) days written notice, the CITY may without prejudice to other remedies, correct such deficiencies. In such a case, a Change Order shall be issued deducting from the Contract Amount the cost of correcting such deficiencies, including additional design and administrative costs as may be necessary by default, neglect, or failure.
City’s Right to Carry Out Work. If General Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, or fails to perform any provision of the Contract, the City may, after seven (7) days written notice to General Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or hereafter due General Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the General Contractor are not sufficient to cover such amount, General Contractor shall pay the difference to the City upon request.
