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2017-011 Resolution
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2017-011 Resolution
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Last modified
8/14/2017 10:56:13 AM
Creation date
1/23/2017 2:29:52 PM
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North Olmsted Legislation
Legislation Number
2017-11
Legislation Date
1/17/2017
Year
2017
Legislation Title
Fabrizi Trucking & Paving, Inc., Contract to Remove Sediment from Springvale Pond
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Substantial Completion is the stage in the progress of the Work when the Work or <br />designated portion thereof is sufficiently complete in accordance with the Contract Documents so <br />the CITY can occupy or utilize the Work, or the designated portion thereof, for its intended use <br />subject to punch list items which do not materially interfere with the CITY's occupancy or <br />intended utilization of the PROJECT. <br />6.5 The CONTRACTOR shall have no claim against the CITY for an increase in the <br />contract price or a payment or allowance of any kind based on any damage, loss or additional <br />expense the CONTRACTOR may suffer as a result of any delays in prosecuting or completing <br />the work under the contract, whether such delays are caused by the circumstances set forth in the <br />preceding paragraph or by any other circumstances. It is understood that the CONTRACTOR <br />assumes all risks of delays in prosecuting or completing the work under the contract. <br />SECTION 7. DISPUTES <br />7.1 Except as this agreement otherwise provides, all claims, counterclaims, disputes <br />and other matters in question between the CITY and the CONTRACTOR out of or relating to <br />this Agreement or the breach of it will be decided by mediation if the parties hereto mutually <br />agree, or in a court of competent jurisdiction within the State of Ohio, County of Cuyahoga. <br />SECTION 8. SUSPENSION OF SERVICES <br />8.1 The CITY may order the CONTRACTOR to suspend, delay, or interrupt all or any <br />part of the SERVICES for such period of time as the CITY may determine to be appropriate for the <br />convenience of the CITY. <br />8.2 If the performance of all or any part of CONTRACTOR's SERVICES are for an <br />unreasonable period of time suspended, delayed, or interrupted by an act of the CITY, or by the <br />CITY's failure to act within a time period specified this Agreement (or if no time is specified, <br />within a reasonable time) an appropriate extension of time for the performance of the SERVICES <br />necessary as a result of such suspension, delay, or interruption, shall be permitted by the CITY and <br />the Agreement shall be modified in writing accordingly. <br />
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