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2008-431
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2008-431
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Last modified
11/16/2017 11:30:22 AM
Creation date
10/5/2015 9:03:52 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
12/23/2008
Control Number
2008-431
Agenda Item Number
8.G.
Entity Name
Pelican Pete Construction Company
Subject
Oslo Road Boat Ramp Repairs
Area
Oslo Road
Project Number
0381
Bid Number
2009024
Supplemental fields
SmeadsoftID
8748
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1. for completed and acceptable Work <br />executed in accordance with the Contract <br />Documents prior to the effective date of <br />termination, including fair and reasonable sums <br />for overhead and profit on such Work; <br />2. for expenses sustained prior to the <br />effective date of termination in performing <br />services and furnishing labor, materials, or <br />equipment as required by the Contract <br />Documents in connection with uncompleted <br />Work, plus fair and reasonable sums for <br />overhead and profit on such expenses; <br />3. for all claims, costs, losses, and <br />damages (including but not limited to all fees <br />and charges of engineers, architects, attorneys, <br />and other professionals and all court or <br />arbitration or other dispute resolution costs) in- <br />curred in settlement of terminated contracts <br />with Subcontractors, Suppliers, and others; and <br />4. for reasonable expenses directly <br />attributable to termination. <br />B. CONTRACTOR shall not be paid on account <br />of loss of anticipated profits or revenue or other eco- <br />nomic loss arising out of or resulting from such <br />termination. <br />15.04 CONTRACTOR May Stop Work or <br />Terminate <br />A. If, through no act or fault of CONTRACTOR, <br />the Work is suspended for more than 90 consecutive <br />days by OWNER or under an order of court or other <br />public authority, or ENGINEER fails to act on any <br />Application for Payment within 30 days after it is <br />submitted, or OWNER fails for 30 days to pay CON <br />TRACTOR any sum finally determined to be duo, then <br />CONTRACTOR may, upon seven days written notice <br />to OWNER and ENGINEER, and provided OWNER <br />or ENGINEER do not remedy such suspension or <br />failure within that time, terminate the Contract and <br />recover from OWNER payment on the same terms as <br />provided in paragraph 15.03. In lieu of terminating the <br />Contract and without prejudice to any other right or <br />remedy, if ENGINEER has failed to act on an <br />Application for Payment within 30 days after it is <br />submitted, or OWNER has failed for 30 days to pay <br />CONTRACTOR any sum finally determined to be duo, <br />CONTRACTOR may, seven days after written notice <br />to OWNER and ENGINEER, stop the Work until <br />payment is made of all such amounts due <br />CONTRACTOR, including interest thereon. The <br />provisions of this paragraph 15.04 are not intended to <br />preclude CONTRACTOR from making a Claim under <br />paragraph 10.05 for an adjustment in Contract Price <br />or Contract Times or otherwise for expenses or <br />damage directly attributable to CONTRACTOR's <br />stopping the Work as permitted by this paragraph. <br />ARTICLE 16 - DISPUTE RESOLUTION <br />16.01 Methods and Procedures <br />A. Dispute resolution methods and procedures, if <br />any, shall be as set forth in the Supplementary <br />Conditions. If no method and procedure has been set <br />forth, and subject to the provisions of paragraphs 9.09 <br />and 10.05, OWNER and CONTRACTOR may <br />exercise such rights or remedies as either may <br />otherwise have under the Contract Documents or by <br />Laws or Regulations in respect of any dispute. <br />ARTICLE 17 - MISCELLANEOUS <br />17.01 Giving Notice <br />A. Whenever any provision of the Contract <br />Documents requires the giving of written notice, it will <br />be deemed to have been validly given if delivered in <br />person to the individual or to a member of the firm or <br />to an officer of the corporation for whom it is intended, <br />or if delivered at or sent by registered or certified mail, <br />postage prepaid, to the last business address known <br />to the giver of the notice. <br />17.02 Computation of Times <br />A. When any period of time is referred to in the <br />Contract Documents by days, it will be computed to <br />exclude the first and include the last day of such <br />period. If the last day of any such period falls on a <br />Saturday or Sunday or on a day made a legal holiday <br />by the law of the applicable jurisdiction, such day will <br />be omitted from the computation. <br />17.03 Cumulative Remedies <br />A. The duties and obligations imposed by these <br />General Conditions and the rights and remedies avail- <br />able hereunder to the parties hereto are in addition to, <br />and are not to be construed in any way as a limitation <br />of, any rights and remedies available to any or all of <br />them which are otherwise imposed or available by <br />Laws or Regulations, by special warranty or <br />guarantee, or by other provisions of the Contract <br />Documents, and the provisions of this paragraph will <br />be as effective as if repeated specifically in the <br />Contract Documents in connection with each <br />0D700 - General Conditions REV 04-07 <br />00700 - 44 <br />F:\Engineering\Capital Projects \0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc <br />
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