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Carlson Testing -Contract
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Carlson Testing -Contract
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Last modified
9/19/2012 11:43:23 AM
Creation date
8/2/2011 3:56:58 PM
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Building
RecordID
10070
Title
Carlson Testing -Contract
Company
Carlson Testing
BLDG Date
1/1/1999
Building
Courthouse Square
BLDG Document Type
Contracts - Agreements
Project ID
CS9801 Courthouse Square Construction
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r <br /> <br />Page: 32 <br />performance of its obligations under this Contract. The Contractor agrees to maintain all books, <br />records, accounts and reports required under this contract for a period of not less than three years <br />after the date of termination or expiration of this contract, except in the event of litigation or <br />settlement of claims arising from the performance of this contract,. in which case Contractor <br />agrees to maintain same until the Recipient, the FTA Administrator, the Comptroller General, or <br />any of their duly authorized representatives, have disposed of all such litigation, appeals, claims <br />or exceptions related thereto. Reference 49 CFR 1839(i)(11). Contractor agrees to provide the <br />Recipient, the FTA Administrator, the Comptroller General of the Unites States or any of their <br />authorized representatives access to any books, documents, papers and records of the Contractor <br />which are directly pertinent to this contract for the purposes of making audits, examinations, <br />excerpts and transcriptions. Contractor also agrees to provide the F'I'A Administrator or his <br />authorized representatives including any PMO Contractor access to Contractor's records and <br />construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is <br />receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or <br />531 l. The Contractor agree to permit any of the foregoing parties to reproduce by any means <br />whatsoever or to copy excerpts and transcriptions as reasonably needed. <br />3. In connection with the performance by Contractor of work or services within the scope <br />of this Agreement, Contractor agrees to comply with the following requirements, and to <br />include these requirements in all subcontracts in excess of $10,000 (except those contracts <br />with nonprofit organizations and institutions of higher education): <br />Termination <br />a. Termination for Convenience (General Provision) The Recipient may terminate this <br />contract, in whole or in part, at any time by written notice to the Contractor when it is in the <br />government's best interest. The Contractor shall be paid its costs, including contract close-out <br />costs, and profit on work performed up to the time of termination. The Contractor shall promptly <br />submit its termination claim to Recipient to be paid the Contractor. If the Contractor has any <br />property in its possession belonging to the Recipient, the Contractor will account for the same, <br />and dispose of it in the manner the Recipient directs. <br />b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not <br />deliver supplies in accordance with the contract delivery schedule, or, if the contract is for <br />services, the Contractor fails to perform in the manner called for in the contract, or if the <br />Contractor fails to comply with any other provisions of the contract, the Recipient may terminate <br />this contract for default. Termination shall be effected by serving a notice of termination on the <br />Contractor setting forth the manner in which the Contractor is in default. The Contractor will <br />only be paid the contract price for supplies delivered and accepted, or services performed in <br />accordance with the manner of performance set forth in the contract. <br />If it is later determined by the Recipient that the Contractor had an excusable reason for not <br />performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the <br />control of the Contractor, the Recipient, after setting up a new delivery of performance schedule, <br />may allow the Contractor to continue work, or treat the termination as a termination for <br />convenience. <br />c. Opportunity to Cure (General Provision) The Recipient in its sole discretion may, in the <br />case of a termination for breach or default, allow the Contractor 30 days in which to cure the <br />
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