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2012-204A
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2012-204A
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Last modified
1/7/2016 10:24:25 AM
Creation date
10/1/2015 4:48:08 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
11/13/2012
Control Number
2012-204A
Agenda Item Number
8.E.
Entity Name
Timothy Rose Contracting
Subject
Contract Documents Specifications
Federal Aid Project FM #425710-1-28-01
Area
Old Dixie Highway 8th St. to SR 60
Project Number
1102
Supplemental fields
SmeadsoftID
11622
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15. 03 OWNER May Terminate For Convenience Application for Payment within 30 days after it is <br /> submitted , ly <br /> A. Upon seven days written notice to CON- , . <br /> TRACTOR and ENGINEER, OWNER may, without CONTRACTOR may, seven days after written notice <br /> cause and without prejudice to any other right or to OWNER and ENGINEER , stop the Work until <br /> remedy of OWNER, elect to terminate the Contract. payment is made of all such amounts due <br /> In such case, CONTRACTOR shall be paid (without CONTRACTOR , including interest thereon . The <br /> duplication of any items): provisions of this paragraph 15. 04 are not intended to <br /> preclude CONTRACTOR from making a Claim under <br /> 1 . for completed and acceptable Work paragraph 10. 05 for an adjustment in Contract Price <br /> executed in accordance with the Contract or Contract Times or otherwise for expenses or <br /> Documents prior to the effective date of damage directly attributable to CONTRACTOR's <br /> termination , including fair and reasonable sums stopping the Work as permitted by this paragraph . <br /> for overhead and profit on such Work; <br /> 20 for expenses sustained prior to the ARTICLE 16 - DISPUTE RESOLUTION <br /> effective date of termination in performing <br /> services and furnishing labor, materials, or <br /> equipment as required by the Contract 16 . 01 Methods and Procedures <br /> Documents in connection with uncompleted <br /> Work, plus fair and reasonable sums for A. Dispute resolution methods and procedures, if <br /> overhead and profit on such expenses; any, shall be as set forth in the Supplementary <br /> Conditions. If no method and procedure has been set <br /> 30 for all claims, costs, losses, and forth , and subject to the provisions of paragraphs 9 . 09 <br /> damages ,(including but not limited to all fees and 10 . 05 , OWNER and CONTRACTOR may <br /> and charges of engineers, architects, attorneys, exercise such rights or remedies as either may <br /> and other professionals and all court or otherwise have under the Contract Documents or by <br /> arbitration or other dispute resolution costs) in- Laws or Regulations in respect of any dispute. <br /> curred in settlement of terminated contracts <br /> with Subcontractors, Suppliers, and others; and <br /> ARTICLE 17 - MISCELLANEOUS <br /> 40 for reasonable expenses directly <br /> attributable to termination . <br /> 17 . 01 Giving Notice <br /> B. CONTRACTOR shall not be paid on account <br /> of loss of anticipated profits or revenue or other eco- A. Whenever any provision of the Contract <br /> nomic loss arising out of or resulting from such Documents requires the giving of written notice, it will <br /> termination . be deemed to have been validly given if delivered in <br /> person to the individual or to a member of the firm or <br /> 15 . 04 CONTRACTOR May Stop Work or to an officer of the corporation for whom it is intended , <br /> Terminate or if delivered at or sent by registered or certified mail, <br /> postage prepaid , to the last business address known <br /> A. If, through no act or fault of CONTRACTOR, to the giver of the notice. <br /> the Work is suspended for more than 90 consecutive <br /> days by OWNER or under an order of court or other 17 . 02 Computation of Times <br /> public authority, or ENGINEER fails to act on any <br /> Application for Payment within 30 days after it is A. When any period of time is referred to in <br /> the <br /> submitted , OF OWNER fa GIs feF 30 days to pay C Contract Documents by days, it will be computed to <br /> TRAGT.QR any sum flAally det8FITlined to be due. , then exclude the first and include the last day <br />of such <br /> CONTRACTOR may, upon seven days written notice period . If the last day of any such period falls on <br />a <br /> to OWNER and ENGINEER, and provided OWNER Saturday or Sunday or on a day made a legal holiday <br /> or ENGINEER do not remedy such suspension or by the law of the applicable jurisdiction , such day <br /> will <br /> failure within that time , terminate the Contract and be omitted from the computation . <br /> recover from OWNER payment on the same terms as <br /> provided in paragraph 15 . 03 . In lieu of terminating the 17. 03 Cumulative Remedies <br /> Contract and without prejudice to any other right or <br /> remedy, if ENGINEER has failed to act on an <br /> 00700 - General Conditions REV 04-07.doc <br /> 00700 - 44 <br /> FAPublic Works\ENGINEERING DIVISION PROJECTS\1102-Old Dixie Hwy Swk 8th St to SR 60-IAPWdmim\bid documents\Master Contract Documents\00700 - General Conditions <br /> REV <br /> 04m07.doc <br />
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