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2012-227A
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Last modified
1/7/2016 1:49:43 PM
Creation date
10/1/2015 4:59:38 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/18/2012
Control Number
2012-227A
Agenda Item Number
8.Q.
Entity Name
Proctor Construction Company
Subject
Crime Scene Facility
Renovation of Warehouse
Area
3885 4th Street
Bid Number
201311
Supplemental fields
SmeadsoftID
11694
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§ 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by <br /> suspension, delay or interruption as described in Section 14. 3 . 1 . Adjustment of the Contract Sum shall include <br /> it <br /> profit. No' adjustment shall be made to the extent <br /> .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause <br /> for which the Contractor is responsible; or <br /> .2 that an equitable adjustment is made or denied under another provision of the Contract. <br /> § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE <br /> § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner' s convenience and without cause. <br /> § <br /> 14 41 Upon receipt of written notice from the Owner of such termination for the Owner' s convenience, the <br /> Contractor. shall <br /> .1DUNcease operations as directed by the Owner in the notice; <br /> .2 Aake actions necessary, or that the Owner may direct, for the protection and preservation of the Work; <br /> and <br /> .3 except <br /> ' for Work'- directed to be performed prior to the effective date of termination stated in the <br /> notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts <br /> and purchase orders. <br /> § 14.4.3 In case of such termination for the Owner' s convenience, the Contractor shall be entitled to receive payment <br /> for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on <br /> the Work not executed. <br /> ARTICLE 15 CLAIMS AND DISPUTES <br /> §15 1 CLAIMS <br /> § 15.1 ,1 DEFINITION <br /> A Claim is wdemand or assertion by one of the parties seeking, as a matter of right, payment of money, or other <br /> relief with ,respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in <br /> question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to <br /> substantiate Claims shall rest with the party making the Claim . <br /> § 15.1 .2 NOTICE OF CWMS <br /> Claims by either the Owner or Contractor.must be initiated by written notice to the other party and to the Initial <br /> Decision Maker with a `copy sent to the Architect; if the Architect is not serving as the Initial Decision Maker. <br /> Claims by either party must be mitiated within 21 days after occurrence of the event giving rise to such Claim or <br /> 13 <br /> within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. <br /> § <br /> 15 13 CONTINUING CONTRACT PERFNut- L <br /> ORMANCE <br /> 66 t6 6 <br /> Pending 56666 <br /> final resolution of a Claim; except as otherwise agreed in writing or as provided in Section 9. 7 and Article <br /> 14, the Contractor shall proceed 'dilgently with performance of the Contract and the Owner shall continue to make <br /> payments in accordance with -the Contract Documents. The Architect will prepare Change Orders and issue <br /> Certificates for Payment in accordance with the decisions of the Initial Decision Maker. <br /> § 15. 1 .4 CLAIMS FOR ADDITIONAL COST <br /> 66 <br /> If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall <br /> 6 . <br /> 1 61 <br /> It <br /> be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency <br /> endangering life or property arising under Section 10.4 . <br /> § 15.1 .5 CLAIMS FOR ADDITIONAL TIME <br /> § 15. 1 .5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided <br /> 66 1 <br /> herein shall be, given. The Contractor' s Claim shall include an estimate of cost and of probable effect of delay on <br /> 1.6 ,6 Iprogress of the Work. In the case of a continuing delay, only one Claim is necessary. <br /> § 15.1 .5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be <br /> documented by data substantiating that weather conditions were abnormal for the period of time, could not have <br /> been reasonably anticipated and had an adverse effect on the scheduled construction. <br /> Init. AIA Document A201 TM . 2007. Copyright ® 1911 , 1915, 1918, 19259 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and <br /> 2007 by The American <br /> Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized <br /> 3 <br /> reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted <br /> to the <br /> maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979 1 which <br /> expires on 02/05/2013, and is not for resale. <br /> User Notes : (811102566) <br /> i <br />
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