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2017-005B
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2017-005B
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Last modified
2/17/2017 11:18:39 AM
Creation date
2/17/2017 11:18:12 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
01/17/2017
Control Number
2017-005B
Agenda Item Number
8.E.
Entity Name
Timothy Rose Contracting
Subject
Contract and Specifications
43rd Ave, Sidewalk Improvements
Area
Aviation Blvd. to Airport Drive West
Project Number
1123
Bid Number
2017013
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; i <br /> person to the individual or to a member of the firm or <br /> 15 04 CONTRACTOR May Stop Work or to an officer of the corporation for whom it is intended, <br /> Terminate or if delivered at or sent by registered or certified mail, <br /> postage prepaid, to the last business address known <br /> A. If, through no act or fault of CONTRACTOR, to the giver of the notice. <br /> the Work is suspended for more than 90 consecutive <br /> days by OWNER or under an order of court or other 17 02 Computation of Times <br /> i <br /> public authority, or ENGINEER fails to act on any <br /> Application for Payment within 30 days after it is A. When any period of time is referred to in the . <br /> submitted, or OWNER fails fbr 30 days to pay G9N Contract Documents by days, it will be computed to <br /> TIR-ACTOR any sum !y-detern*ed}�-bei,then exclude the first and include the last day of such <br /> CONTRACTOR may, upon seven days written notice period. If the last day of any such period falls on a <br /> to OWNER and ENGINEER, and provided OWNER Saturday or Sunday or on a day made a legal holiday <br /> or ENGINEER do not remedy such suspension or by the law of the applicable jurisdiction, such day will <br /> failure within that time, terminate the Contract and be omitted.from the computation. <br /> recover from OWNER payment on the same terms as <br /> provided in paragraph 15.03. In lieu of terminating the 17.03 Cumulative Remedies <br /> Contract and without prejudice to any other right or <br /> remedy, if ENGINEER has failed to act on an A. The duties and obligations imposed by these <br /> Application for Payment within 30 days after it is General Conditions and the rights and remedies avail- <br /> submitted, 9F OWNER has failed fer 30 days to pay able hereunder to the parties hereto are in addition to, <br /> CONTRACTOR any sum finally determined to he d, and are not to be construed in any way as a limitation <br /> CONTRACTOR may, seven days after written notice of, any rights and remedies available to any or all of <br /> to OWNER and ENGINEER, stop the Work until them which are otherwise imposed or available by <br /> payment is made of all such amounts due Laws or Regulations, by special warranty or <br /> CONTRACTOR, including interest thereon. The guarantee, 'or by other provisions of the Contract j <br /> provisions of this paragraph 15.04 are not intended to Documents, and the provisions of this paragraph will j <br /> preclude CONTRACTOR from making a Claim under be as effective as if repeated specifically in the <br /> paragraph 10 05 for an adjustment in Contract Price Contract Documents in connection with each <br /> or Contract Times or otherwise for expenses or particular duty, obligation, right, and remedy to which <br /> damage directly attributable to CONTRACTOR's they apply. <br /> stopping the Work as permitted by this paragraph. <br /> 17.04 Survival of Obligations <br /> I <br /> ARTICLE 16-DISPUTE RESOLUTION A. All representations, indemnifications, warran- <br /> ties, and guarantees made in, required by, or given in <br /> accordance with the Contract Documents, as well as <br /> 16.01 Methods and Procedures all continuing obligations indicated in the Contract <br /> Documents, will survive final payment, completion, <br /> A. Dispute resolution methods and procedures, if and acceptance of the Work or termination or comple- <br /> any, shall be as set forth in the Supplementary tion of the Agreement. <br /> Conditions. If no method and procedure has been set <br /> forth, and subject to the provisions of paragraphs 9.09 17.05 Controlling Law i <br /> and 10.05, OWNER and CONTRACTOR may <br /> exercise such rights or remedies as either may A. This Contract is to be governed by the law of the <br /> otherwise have under the Contract Documents or by state in which the Project is located. <br /> Laws or Regulations in respect of any dispute. <br /> ARTICLE 17-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 /> 00700-General Conditions REV 5-10-13 <br /> 00700-44 <br /> F•\Public Works\ENGIN EE RING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00700- <br /> General Conditions REV 5-10-13.doc <br />
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