FUGITIVE DUST EMISSION CONTROL. Contractor shall comply with SCAQMD Rule 403 including, if applicable to prepare and submit to County and for acceptance by SCAQMD a Fugitive Dust Emission Control Plan, as required for Project work. Contractor shall also notify OWNER of any condition that could lead to noncompliance with the Rule 403 requirements. If a Fugitive Dust Emissions Control Plan is required pursuant to Rule 403, Contractor may not conduct any activities governed by SCAQMD Rule 403 until OWNER has accepted Contractor's Plan and the Plan is accepted by SCAQMD. If Contractor fails or refuses to immediately correct any noncompliance with the provisions of this Section, OWNER may terminate Contractor's right to proceed with the work and OWNER may exercise its rights under the "TERMINATION FOR CAUSE" Section of these General Conditions. Whether or not Contractor's right to proceed with the work is terminated, Contractor and the Contractor's sureties shall be liable for any damage to the OWNER resulting from Contractor's refusal or failure to complete the work within the specified time. Contractor shall not be entitled to any time extensions or compensation for any cost due to any such action as a result of Contractor's failure to comply with the provisions of the accepted Fugitive Dust Emission Control Plan. Contractor shall be responsible for ensuring that all Subcontractor(s) comply with the provisions of this Section. Contractor shall be liable for any action or fine imposed by the SCAQMD on those incidents of noncompliance that are within the Contractor's area of responsibility.
Appears in 4 contracts
Samples: Construction Manager at Risk Construction Contract, Risk Construction Agreement, Construction Manager at Risk Construction Contract
FUGITIVE DUST EMISSION CONTROL. Contractor shall comply with SCAQMD Rule 403 including, if applicable applicable, to prepare and submit to County and for acceptance by SCAQMD a Fugitive Dust Emission Control Plan, as required for Project work. Contractor shall also notify OWNER County of any condition that could lead to noncompliance with the permit Rule 403 requirements. If a Fugitive Dust Emissions Control Plan is required pursuant to Rule 403, Contractor may not conduct any activities governed by SCAQMD Rule 403 until OWNER County has accepted Contractor's Plan and the Plan is accepted by SCAQMD. If Contractor fails or refuses to immediately correct any noncompliance with the provisions of this Section, OWNER County may terminate Contractor's right to proceed with the work and OWNER County may exercise its rights under the "TERMINATION FOR CAUSETermination for Cause" Section of these General Conditions. Whether or not Contractor's right to proceed with the work is terminated, Contractor and the Contractor's sureties shall be liable for any damage to the OWNER County resulting from Contractor's refusal or failure to complete the work within the specified time. Contractor shall not be entitled to any time extensions or compensation for any cost due to any such action as a result of Contractor's failure to comply with the provisions of the accepted Fugitive Dust Emission Control Plan. Contractor shall be responsible for ensuring that all Subcontractor(s) comply with the provisions of this Section. Contractor shall be liable for any action or fine imposed by the SCAQMD on those incidents of noncompliance that are within the Contractor's area of responsibility.
Appears in 2 contracts
Samples: Sidewalk Extension, cams.ocgov.com
FUGITIVE DUST EMISSION CONTROL. Contractor CM shall comply with SCAQMD Rule 403 including, if applicable to prepare and submit to County and for acceptance by SCAQMD a Fugitive Dust Emission Control Plan, as required for Project work. Contractor CM shall also notify OWNER COUNTY of any condition that could lead to noncompliance with the Rule 403 requirements. If a Fugitive Dust Emissions Control Plan is required pursuant to Rule 403, Contractor CM may not conduct any activities governed by SCAQMD Rule 403 until OWNER COUNTY has accepted ContractorCM's Plan and the Plan is accepted by SCAQMD. If Contractor CM fails or refuses to immediately correct any noncompliance with the provisions of this Section, OWNER COUNTY may terminate Contractor's right to proceed with the work and OWNER COUNTY may exercise its rights under the "TERMINATION FOR CAUSE" Section of these General Conditions. Whether or not ContractorCM's right to proceed with the work is terminated, Contractor CM and the ContractorCM's sureties shall be liable for any damage to the OWNER COUNTY resulting from ContractorCM's refusal or failure to complete the work within the specified time. Contractor CM shall not be entitled to any time extensions or compensation for any cost due to any such action as a result of Contractor's failure to comply with the provisions of the accepted Fugitive Dust Emission Control Plan. Contractor CM shall be responsible for ensuring that all Subcontractor(s) comply with the provisions of this Section. Contractor CM shall be liable for any action or fine imposed by the SCAQMD on those incidents of noncompliance that are within the ContractorCM's area of responsibility.
Appears in 2 contracts
Samples: Construction Phase Services, Construction Phase Services
FUGITIVE DUST EMISSION CONTROL. Contractor XXXX shall comply with SCAQMD Rule 403 including, if applicable applicable, to prepare and submit to County Owner and for acceptance by SCAQMD a Fugitive Dust Emission Control Plan, as required for Project work. Contractor XXXX shall also notify OWNER Owner of any condition that could lead to noncompliance with the permit Rule 403 requirements. If a Fugitive Dust Emissions Control Plan is required pursuant to Rule 403, Contractor XXXX may not conduct any activities governed by SCAQMD Rule 403 until OWNER Owner has accepted Contractor's XXXX'x Plan and the Plan is accepted by SCAQMD. If Contractor XXXX fails or refuses to immediately correct any noncompliance with the provisions of this Section, OWNER Owner may terminate Contractor's XXXX'x right to proceed with the work and OWNER Owner may exercise its rights under the "TERMINATION FOR CAUSE" Section of these General Conditions. Whether or not Contractor's XXXX'x right to proceed with the work is terminated, Contractor XXXX and the Contractor's XXXX'x sureties shall be liable for any damage to the OWNER Owner resulting from Contractor's XXXX'x refusal or failure to complete the work within the specified time. Contractor XXXX shall not be entitled to any time extensions or compensation for any cost due to any such action as a result of Contractor's XXXX'x failure to comply with the provisions of the accepted Fugitive Dust Emission Control Plan. Contractor XXXX shall be responsible for ensuring that all Subcontractor(s) comply with the provisions of this Section. Contractor XXXX shall be liable for any action or fine imposed by the SCAQMD on those incidents of noncompliance that are within the Contractor's XXXX'x area of responsibility.
Appears in 1 contract
Samples: Model Contract
FUGITIVE DUST EMISSION CONTROL. Contractor D-BE shall comply with SCAQMD Rule 403 including, if applicable applicable, to prepare and submit to County Owner and for acceptance by SCAQMD a Fugitive Dust Emission Control Plan, as required for Project work. Contractor D- BE shall also notify OWNER Owner of any condition that could lead to noncompliance with the permit Rule 403 requirements. If a Fugitive Dust Emissions Control Plan is required pursuant to Rule 403, Contractor D-BE may not conduct any activities governed by SCAQMD Rule 403 until OWNER Owner has accepted ContractorD-BE's Plan and the Plan is accepted by SCAQMD. If Contractor D-BE fails or refuses to immediately correct any noncompliance with the provisions of this Section, OWNER Owner may terminate ContractorD-BE's right to proceed with the work and OWNER Owner may exercise its rights under the "TERMINATION FOR CAUSE" Section of these General Conditions. Whether or not ContractorD-BE's right to proceed with the work is terminated, Contractor D-BE and the ContractorD-BE's sureties shall be liable for any damage to the OWNER Owner resulting from ContractorD-BE's refusal or failure to complete the work within the specified time. Contractor D-BE shall not be entitled to any time extensions or compensation for any cost due to any such action as a result of ContractorD-BE's failure to comply with the provisions of the accepted Fugitive Dust Emission Control Plan. Contractor D-BE shall be responsible for ensuring that all Subcontractor(s) comply with the provisions of this Section. Contractor D-BE shall be liable for any action or fine imposed by the SCAQMD on those incidents of noncompliance that are within the ContractorD-BE's area of responsibility.
Appears in 1 contract
Samples: Construction Services Contract
FUGITIVE DUST EMISSION CONTROL. Contractor D-BE shall comply with SCAQMD Rule 403 including, if applicable to prepare and submit to County and for acceptance by SCAQMD a Fugitive Dust Emission Control Plan, as required for Project work. Contractor D-BE shall also notify OWNER Owner of any condition that could lead to noncompliance with the Rule 403 requirements. If a Fugitive Dust Emissions Control Plan is required pursuant to Rule 403, Contractor may not conduct any activities governed by SCAQMD Rule 403 until OWNER Owner has accepted Contractor's Plan and the Plan is accepted by SCAQMD. If Contractor D-BE fails or refuses to immediately correct any noncompliance with the provisions of this Section, OWNER Owner may terminate ContractorD-BE's right to proceed with the work and OWNER Owner may exercise its rights under the "TERMINATION FOR CAUSETermination for Cause" Section of these General Conditions. Whether or not ContractorD-BE's right to proceed with the work is terminated, Contractor D-BE and the ContractorD-BE's sureties shall be liable for any damage to the OWNER Owner resulting from ContractorD-BE's refusal or failure to complete the work within the specified time. Contractor D-BE shall not be entitled to any time extensions or compensation for any cost due to any such action as a result of ContractorD-BE's failure to comply with the provisions of the accepted Fugitive Dust Emission Control Plan. Contractor D-BE shall be responsible for ensuring that all Subcontractor(s) comply with the provisions of this Section. Contractor D-BE shall be liable for any action or fine imposed by the SCAQMD on those incidents of noncompliance that are within the ContractorD-BE's area of responsibility.
Appears in 1 contract
Samples: Contract
FUGITIVE DUST EMISSION CONTROL. Contractor CMARE shall comply with SCAQMD Rule 403 including, if applicable to prepare and submit to County and for acceptance by SCAQMD a Fugitive Dust Emission Control Plan, as required for Project work. Contractor CMARE shall also notify OWNER County of any condition that could lead to noncompliance with the Rule 403 requirements. If a Fugitive Dust Emissions Control Plan is required pursuant to Rule 403, Contractor CMARE may not conduct any activities governed by SCAQMD Rule 403 until OWNER County has accepted ContractorCMARE's Plan and the Plan is accepted by SCAQMD. If Contractor CMARE fails or refuses to immediately correct any noncompliance with the provisions of this Section, OWNER County may terminate Contractor's right to proceed with the work and OWNER County may exercise its rights under the "TERMINATION FOR CAUSE" Section of these General Conditions. Whether or not ContractorCM's right to proceed with the work is terminated, Contractor CMARE and the ContractorCMARE's sureties shall be liable for any damage to the OWNER County resulting from ContractorCMARE's refusal or failure to complete the work within the specified time. Contractor CMARE shall not be entitled to any time extensions or compensation for any cost due to any such action as a result of Contractor's failure to comply with the provisions of the accepted Fugitive Dust Emission Control Plan. Contractor CMARE shall be responsible for ensuring that all Subcontractor(s) comply with the provisions of this Section. Contractor CMARE shall be liable for any action or fine imposed by the SCAQMD on those incidents of noncompliance that are within the ContractorCMARE's area of responsibility.
Appears in 1 contract
Samples: Construction Services