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1994 AGN JUN 08 I17
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1994 June 08 Agenda Packet
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1994 AGN JUN 08 I17
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AGREEMENT <br />ARTICLE IV. The Notice Inviting Bids, Instruction to Bidders, <br />Proposal, Information Required of Bidder, the Faithful Perform- <br />ance Bond, the Labor and Material Bond, the General Conditions, <br />Special Provisions and Technical Specifications, Drawings, and all <br />Addenda issued by the City with respect to the foregoing prior to <br />the opening of bids, are hereby designated the "Contract Docu- <br />ments" and are incorporated in and made part of this Agreement. <br />ARTICLE V. All time limits stated in the Contract Documents are <br />of the essence of this Agreement. No work, services, materials or <br />equipment shall be performed or furnished under this Agreement un- <br />less and until a Notice to Proceed has been given to the Con- <br />tractor by the City. City shall, with no liability to contrac- <br />tor whatsoever, have an absolute right to withhold delivery of a <br />Notice to Proceed until the statute of limitations for challeng- <br />ing the City's environmental review of this project has passed. <br />City shall, also with no liability whatsoever to Contractor, have <br />an absolute right to cancel this Agreement in the event that <br />litigation is filed against the City challenging the City's en- <br />vironmental review of this project. Notwithstanding the fore- <br />going, the City's said right to cancellation must be exercised not <br />later than 45 days following the bid opening date, and before <br />delivery of a Notice to Proceed to Contractor. <br />IN WITNESS WHEREOF, the parties hereto have caused this contract <br />to be executed as of the day and year first above written. <br />C I T Y O F C O L T O N <br />By. (Seal) <br />Title <br />i <br />CONTRACTORT in n vs- - o Allee nuc C <br />By <br />Tule Sy e -owh er <br />CONTRACTOR'S SIGNATURES MUST BE NOTARIZED AND THE NOTARY ACKNOW- <br />LEDGMENT MUST SPECIFY THAT THE SIGNER OF THE AGREEMENT IS AUTHOR- <br />IZED TO EXECUTE THE AGREEMENT. THE CITY'S ATTORNEY SHALL DETER- <br />MINE THE SUFFICIENCY OF CONTRACTOR'S SIGNATURES, AND MAY REQUIRE <br />NOTARIZED SIGNATURES FROM TWO OFFICERS IN THE EVENT THAT CONTRAC- <br />TOR IS A CORPORATION. <br />12 <br />
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