Bjork Construction Co. Page: 15 No. P.W. 11-21-39 G:\PUBWORKS\CIP\C55500 07120 LITTLEJOHN PARK REC BLDG\5.1 RE-BIDDING\CONTRACTOR_BJORK CONSTRUCTION\BJORK LITTLEJOHN PARK AGREEMENT.DOCX
The City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination.
31. ATTORNEYS’ FEES:
In the event of any litigation, including administrative procee dings, relating to this Agreement, including but not limited to any action or suit by a ny party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.
32. PCC SECTION 9204 SUMMARY - CLAIMS SUBMITTED BETWEEN 01-01-2017 AND 01-01-2027:
Notwithstanding anything else to the contrary stated in the Inf ormation For Bidders (IFB) or the Contract Documents, all claims, regardless of dollar amount, submitted between January 1, 2017 and January 1, 2027 shall be governed by PCC Section 9204 and this section.
The following provisions and procedures shall apply:
A. For the purposes of this secti on, the term “Claim”, “Contract or”, “mediation”, “Public Entity” “Public works project” and “Subcontractor” shall have t he meaning provided for in PCC Section 9204.
B. Contractor shall submit each Claim (whether for a time extension, payment for money or damages) in writing and in compliance with PCC Section 9204. C ontractor must include reasonable documentation to support each claim.
C. Upon receipt of a Claim, the City shall conduct a reasonable review and respond in writing within 45 days of receipt and shall identify in a written state ment what portions of the claim are disputed and undisputed. Undisput ed portions of the Claim shal l be process and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The City and Contractor may mutually agree to extend the 45-day response time.
D. If the City needs approval from the City Council to provide a written statement, the 45 days may be extended to 3 days following the next duly noticed public meeting pursuant to PCC Section 9204(d)(1)(C).