Agmt08 Field Turf Builders, LLC - Laserfiche WebLink

Browse Search

Contractor in order to protect the Project and/or public safety, Owner shall perform such work and the reasonable cost thereof shall be deducted from a payment or payments otherwise due to Surety under this Agreement. As of the date this Agreement is signed, Owner is not aware that any such work will be required. Owner reserves the right to assess liquidated damages at the rate stated in the General Contract for any completion delays calculated and asserted by Owner in good faith. Surety may contest the imposition of such damages pursuant to its rights under the General Contract. The Owner agrees to grant to the Surety the full benefit of whatever extensions of time and other associated relief, including for excusable delays, are allowable and appropriate under the General Contract based upon events that occur after the date of this Agreement. 11. Comoletina Contractors. Each Completing Contractor shall be a subcontractor to the Surety, and no contractual relationship, pursuant to this Agreement or otherwise, shall exist between the Owner and any Completing Contractor. Each Completing Contractor shall be licensed and certified as a contractor under California law and shall provide all insurances and licenses required under the General Contract but shall not be required to provide Payment and/or Performance Bonds, unless requested to do so by the Surety. The Payment and Performance Bonds identified in the recitals shall remain in full force and effect for the remainder of the Project. The Surety reserves the right to terminate its contract with a Completing Contractor at any time, upon three days' prior written notice to the Owner, and to contract with another Completing Contractor. Routine day-to-day operations and decisions as to the manner of performance of the Remaining Work shall be made by the Completing Contractor, as coordinated through Mendenhall, subject to the terms and conditions of the General Contract, provided, however, that the Completing Contractor shall have no authority on behalf of the Surety to: (i) agree to any changes in the General Contract or Remaining Work; (ii) agree to any Change Orders; (iii) agree to any backcharges or deductions of any nature; (iv) agree to any schedule changes; (v) agree to any adjustments in the Contract Sum or Remaining Work; or (vi) agree to perform warranty work of the Contractor or corrective work as a result of latent defect(s) in the work performed by the Contractor, without the Surety's prior express written consent, which shall be delivered to the Owner as a condition precedent to the Completing Contractor negotiating items (i) through (vi). The Remaining Work shall be subject to inspection and acceptance by the Owner, as provided in the General Contract. A copy of all written communication by the Owner directed to MacNeil shall be forwarded to the Surety on a current basis by telecopier or electronic mail. All communications concerning matters of contract administration (i.e., contractual or other notices required by law, payments, Change Orders, extensions of time, delays, claims, among other matters) shall be communicated to and from Mendenhall only in writing, with a copy forwarded to the Surety on a current basis by telecopier or electronic mail. 12. Payments to the Surety. and Payment by the Surety of UP to Penal Sum of Performance and Payment Bond. Surety has assumed Contractor's obligations in connection with the Project, and future payments shall be made to the Surety. The Contract Sum, if any, shall be paid to the Surety as set forth in the General Contract less TAKEOVER AGREEMENT - Page 4 of 9 {7672.005-00232947; 1} 1175334v6 33786/0010