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2022-082
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2022-082
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Last modified
6/8/2022 3:30:26 PM
Creation date
6/8/2022 3:08:37 PM
Metadata
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Official Documents
Official Document Type
Contract
Approved Date
05/03/2022
Control Number
2022-082
Agenda Item Number
8.G.
Entity Name
Timothy Rose Contracting, Inc.
Subject
Contract for Resurfacing 69th Street from 66th Avenue to SR5/US-1
FM No.438073-1-54-01
Project Number
IRC 1639
Bid Number
2022-028
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arbitration or other dispute resolution costs) in- <br />curred in settlement of terminated contracts with <br />Subcontractors, Suppliers, and others; and <br />4. for reasonable expenses directly <br />attributable to termination. <br />B. CONTRACTOR shall not be paid on account <br />of loss of anticipated profits or revenue or other eco- <br />nomic loss arising out of or resulting from such termina- <br />tion. <br />15.04 CONTRACTOR May Stop Work or <br />Terminate <br />A. If, through no act or fault of CONTRACTOR, <br />the Work is suspended for more than 90 consecutive <br />days by OWNER or under an order of court or other <br />public authority, or ENGINEER fails to act on any <br />Application for Payment within 30 days after it is <br />submitted, Gr OWNER fails fer 30 days to pay QQN <br />TRACTOR ARY SUM finally determined- to he d, ie, then <br />CONTRACTOR may, upon seven days written notice <br />to OWNER and ENGINEER, and provided OWNER or <br />ENGINEER do not remedy such suspension or failure <br />within that time, terminate the Contract and recover <br />from OWNER payment on the same terms as provided <br />in paragraph 15.03. In lieu of terminating the Contract <br />and without prejudice to any other right or remedy, if <br />ENGINEER has failed to act on an Application for <br />Payment within 30 days after it is submitted, er <br />QUISIRR has failed for 30 days te pay CONTRACTOR <br />aRY M (Rally determined to be due, CONTRACTOR <br />may, seven days after written notice to OWNER and <br />ENGINEER, stop the Work until payment is made of all <br />such amounts due CONTRACTOR, including interest <br />thereon. The provisions of this paragraph 15.04 are <br />not intended to preclude CONTRACTOR from making <br />a Claim under paragraph 10.05 for an adjustment in <br />Contract Price or Contract Times or otherwise for <br />expenses or damage directly attributable to <br />CONTRACTOR's stopping the Work as permitted by <br />this paragraph. <br />ARTICLE 16 - DISPUTE RESOLUTION <br />16.01 Methods and Procedures <br />A. Dispute resolution methods and procedures, if <br />any, shall be as set forth in the Supplementary <br />Conditions. If no method and procedure has been set <br />forth, and subject to the provisions of paragraphs 9.09 <br />and 10.05, OWNER and CONTRACTOR may <br />exercise such rights or remedies as either may <br />otherwise have under the Contract Documents or by <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 />person to the individual or to a member of the firm or to <br />an officer of the corporation for whom it is intended, or <br />if delivered at or sent by registered or certified mail, <br />postage prepaid, to the last business address known <br />to the giver of the notice. <br />17.02 Computation of Times <br />A. When any period of time is referred to in the <br />Contract Documents by days, it will be computed to <br />exclude the first and include the last day of such period. <br />If the last day of any such period falls on a Saturday or <br />Sunday or on a day made a legal holiday by the law of <br />the applicable jurisdiction, such day will be omitted <br />from the computation. <br />17.03 Cumulative Remedies <br />A. The duties and obligations imposed by these <br />General Conditions and the rights and remedies avail- <br />able hereunder to the parties hereto are in addition to, <br />and are not to be construed in any way as a limitation <br />of, any rights and remedies available to any or all of <br />them which are otherwise imposed or available by <br />Laws or Regulations, by special warranty or guarantee, <br />or by other provisions of the Contract Documents, and <br />the provisions of this paragraph will be as effective as <br />if repeated specifically in the Contract Documents in <br />connection with each particular duty, obligation, right, <br />and remedy to which they apply. <br />17.04 Survival of Obligations <br />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 />all continuing obligations indicated in the Contract <br />Documents, will survive final payment, completion, and <br />acceptance of the Work or termination or completion of <br />the Agreement. <br />17.05 Controlling Law <br />A. This Contract is to be governed by the law of the <br />state in which the Project is located. <br />General Conditions - 00700 - 37 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS\1639 69th Street 66th Avenue to US -1 Resurfacing (SCOP)\1-Admin\Bids\Bid Documents - Advertisement\DIV 0_2—Conditions of the <br />Contract - 20211207.docx <br />
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