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2015-128A
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2015-128A
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Last modified
3/30/2017 2:13:30 PM
Creation date
7/29/2015 10:30:04 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
07/07/2015
Control Number
2015-128A
Agenda Item Number
8.C.
Entity Name
Sunshine Land Design Inc.
Subject
45th Street Beautification
Contract and Specifications
Area
Gifford 45th Street
Project Number
1506
Bid Number
2015040
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curred in settlement of terminated contracts <br />with 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 <br />termination. <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, or OWNER fails for 30 days to pay CON <br />TRACTOR any sum finally determined to bc due, then <br />CONTRACTOR may, upon seven days written notice <br />to OWNER and ENGINEER, and provided OWNER <br />or ENGINEER do not remedy such suspension or <br />failure within that time, terminate the Contract and <br />recover from OWNER payment on the same terms as <br />provided in paragraph 15.03. In lieu of terminating the <br />Contract and without prejudice to any other right or <br />remedy, if ENGINEER has failed to act on an <br />Application for Payment within 30 days after it is <br />submitted, or OWNER has failed for 30 days to pay <br />CONTRACTOR any sum finally determined to bc duc, <br />CONTRACTOR may, seven days after written notice <br />to OWNER and ENGINEER, stop the Work until <br />payment is made of all such amounts due <br />CONTRACTOR, including interest thereon. The <br />provisions of this paragraph 15.04 are not intended to <br />preclude CONTRACTOR from making a Claim under <br />paragraph 10.05 for an adjustment in Contract Price <br />or Contract Times or otherwise for expenses or <br />damage directly attributable to CONTRACTOR's <br />stopping the Work as permitted by 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 <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 />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 <br />period. If the last day of any such period falls on a <br />Saturday or Sunday or on a day made a legal holiday <br />by the law of the applicable jurisdiction, such day will <br />be omitted 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 <br />guarantee, or by other provisions of the Contract <br />Documents, and the provisions of this paragraph will <br />be as effective as if repeated specifically in the <br />Contract Documents in connection with each <br />particular duty, obligation, right, and remedy to which <br />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, <br />and acceptance of the Work or termination or comple- <br />tion of 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 />00700 - General Conditions REV 5-10-13 <br />00700 - 42 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS\1506-Gifford Neighborhood 45th St Beautification\Admin\bid documents\Master Contract Documents\00700 - General Conditions <br />REV 5-10-13.doc <br />
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