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2005-194b
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2005-194b
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Last modified
7/21/2016 9:27:40 AM
Creation date
9/30/2015 8:49:39 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
06/07/2005
Control Number
2005-194b
Agenda Item Number
11.C.2
Entity Name
Clemons-Rutherford & Associates, Inc.
Subject
IRC Jail Expansion 2005 Conditions of the Contract
Area
IRC Jail 4055 41st. Ave.
Supplemental fields
SmeadsoftID
4973
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§ 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require <br /> additional testing, inspection or approval not included under Section 13 . 5 . 1 , the Architect will, upon written <br /> authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection <br /> or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of <br /> when and where tests and inspections are to be made so that the Architect may be present for such procedures . Such <br /> costs, except as provided in Section 13 . 5 . 3 , shall be at the Owner' s expense . <br /> § 13.5.3 If such procedures for testing, inspection or approval under Sections 13 . 5 . 1 and 13 . 5 . 2 reveal failure of the <br /> portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary <br /> by such failure including those of repeated procedures and compensation for the Architect ' s services and expenses <br /> shall be at the Contractor' s expense . <br /> § 13. 5.4 Required certificates of testing, inspection or approval shall , unless otherwise required by the Contract <br /> Documents, be secured by the Contractor and promptly delivered to the Architect. <br /> § 13 .5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents , the <br /> Architect will do so promptly and, where practicable, at the normal place of testing . <br /> § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid <br /> unreasonable delay in the Work. <br /> § 13.6 INTEREST <br /> § 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at <br /> 1 % per month, such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate <br /> prevailing from time to time at the place where the Project is located . <br /> § 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD <br /> § 13.7. 1 As between the Owner and Contractor: <br /> . 1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of <br /> Substantial Completion, any applicable statute of limitations shall commence to run and any alleged <br /> cause of action shall be deemed to have accrued in any and all events not later than such date of <br /> Substantial Completion; <br /> .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act <br /> occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final <br /> Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged <br /> cause of action shall be deemed to have accrued in any and all events not later than the date of <br /> issuance of the final Certificate for Payment ; and <br /> .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of <br /> issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to <br /> run and any alleged cause of action shall be deemed to have accrued in any and all events not later <br /> than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under <br /> Section 3 .5 , the date of any correction of the Work or failure to correct the Work by the Contractor <br /> under Section 12.2, or the date of actual commission of any other act or failure to perform any duty or <br /> obligation by the Contractor or Owner, whichever occurs last. <br /> ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT <br /> § 14. 1 TERMINATION BY THE CONTRACTOR <br /> § 14. 1 .1 The Contractor may terminate the Contract if all of the Work is stopped for a period of 30 consecutive days <br /> through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any <br /> other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for <br /> any of the following reasons : <br /> .1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to <br /> be stopped ; <br /> .2 an act of government, such as a declaration of national emergency which requires all Work to be <br /> stopped ; or <br /> AIA Document A201TM — 1997. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966t 1967, 1970, 1976, 1987 and 1997 <br /> by The <br /> American Institute of Architects. All rights reserved. WARNING : This AIO Document is protected by U.S. Copyright Law and International Treaties. <br /> 40 <br /> Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will <br /> be <br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17 : 14:54 on 05/25/2005 under Order <br /> No. 1000126313_1 which expires on 6/29/2005, and is not for resale. <br /> User Notes: (3418817618) <br />
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