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2012-211A
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2012-211A
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Last modified
1/7/2016 11:22:34 AM
Creation date
10/1/2015 4:56:51 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
12/04/2012
Control Number
2012-211A
Agenda Item Number
8.F.
Entity Name
Community Asphalt Corp.
Subject
Contract and Specifications
Indian River Boulevard Resurfacing
Area
Indian River Blvd. 41st. St. to 53rd. St.
Project Number
1131
Bid Number
2013007
Supplemental fields
SmeadsoftID
11670
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A. If, through no act or fault of CONTRACTOR, postage prepaid , to the last business address known <br /> the Work is suspended for more than 90 consecutive to the giver of the notice . <br /> days by OWNER or under an order of court or other <br /> public authority, or ENGINEER fails to act on any 17 . 02 Computation of Times <br /> Application for Payment within 30 days after it is <br /> submitted , A. When any period of time is referred to in the <br /> TRASC. TGR aRY sum finally deteRnined to be due. , then Contract Documents by days , it will be computed to <br /> CONTRACTOR may, upon seven days written notice exclude the first and include the last day of such <br /> to OWNER and ENGINEER, and provided OWNER period . If the last day of any such period falls on a <br /> or ENGINEER do not remedy such suspension or Saturday or Sunday or on a day made a legal holiday <br /> failure within that time, terminate the Contract and by the law of the applicable jurisdiction , such <br /> day will <br /> recover from OWNER payment on the same terms as be omitted from the computation . <br /> provided in paragraph 15 .03 . In lieu of terminating the <br /> Contract and without prejudice to any other right or 17 .03 Cumulative Remedies <br /> remedy, if ENGINEER has failed to act on an <br /> Application for Payment within 30 days after it is A. The duties and obligations imposed by these <br /> submitted , OF GVVNgR halmw failed fer 30 days to pay General Conditions and the rights and remedies avail- <br /> , able hereunder to the parties hereto are in addition to, <br /> CONTRACTOR may, seven days after written notice and are not to be construed in any way as a limitation <br /> to OWNER and ENGINEER, stop the Work until of, any rights and remedies available to any or all of <br /> payment is made of all such amounts due them which are otherwise imposed or available by <br /> CONTRACTOR, including interest thereon . The Laws or Regulations, by special warranty or <br /> provisions of this paragraph 15 .04 are not intended to guarantee, or by other provisions of the Contract <br /> preclude CONTRACTOR from making a Claim under Documents, and the provisions of this paragraph will <br /> paragraph 10 .05 for an adjustment in Contract Price be as effective as if repeated specifically in the <br /> or Contract Times or otherwise for expenses or- Contract Documents in connection with each <br /> damage directly attributable to CONTRACTOR's particular duty, obligation , right, and remedy to which <br /> stopping the Work as permitted by this paragraph . they apply. <br /> 17 .04 Survival of Obligations <br /> ARTICLE 16 - DISPUTE RESOLUTION <br /> A. All representations, indemnifications, warran- <br /> ties, and guarantees made in , required by, or given in <br /> 16 .01 Methods and Procedures accordance with the Contract Documents , as well as <br /> all continuing obligations indicated in the Contract <br /> A. Dispute resolution methods and procedures , if Documents, will survive final payment, completion , <br /> any, shall be as set forth in the Supplementary and acceptance of the Work or termination or comple- <br /> Conditions. If no method and procedure has been set tion of the Agreement. <br /> forth, and subject to the provisions of paragraphs 9 .09 <br /> and 10 .05, OWNER and CONTRACTOR may 17 .05 Controlling Law <br /> exercise such rights or remedies as either may <br /> otherwise have under the Contract Documents or by A. This Contract is to be governed by the law of the <br /> Laws or Regulations in respect of any dispute . state in which the Project is located. <br /> ARTICLE 17 an MISCELLANEOUS <br /> 17 .01 Giving Notice <br /> A. Whenever any provision of the Contract <br /> Documents requires the giving of written notice, it will <br /> be deemed to have been validly given if delivered in <br /> person to the individual or to a member of the firm or <br /> to an officer of the corporation for whom it is intended , <br /> or if delivered at or sent by registered or certified mail , <br /> 00700 - General Conditions REV 04-07.doc <br /> 00700 - 44 <br /> F:\Public Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927V\dmim\Contract Documents\00700 - General Conditions <br /> REV 04- <br /> 07.doc <br />
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