2011-291 AMS - J. F. Wilkerson Contracting Company for contract work for Efland Sewer

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(0 0/.)after fifty(50 0/6)billing at the Owner's discretion provided the Project is on or ahead of schedule and the work has been determined to be satisfactory. On the completion of the work, the'Contractor shall proceed with due diligence to measure up the work and materials and present his monthly pay request. With final payment,-the Contractor will provide Orange County Consent of Surety Company to Final Payment and Contractor's Affidavit of payment of Debts and Claims forms to the Engineer for review and approval,whereupon the Owner shall pay, or cause to be paid, such amount less payments previously made. The payment of such final amount shall release the .party of the first part from all claims for work done or materials furnished under this Contract SECTION XV: The party of the first part may at any time require full release of all claims for materials or labor furnished for this work and may withhold payments of any estimate until same is produced. SECTION XVI: The Contractor shall execute the work in'such a manner as to be of least inconvenience to the Owner and public. He shall comply with all ordinances and regulations affecting in any manner his work,and all sanitary rules and regulations, taking precaution to avoid creating unsanitary conditions. The Contractor shall acquire all permits necessary to complete the work specified in the Specifications. SECTION XVII: The Contractor further agrees that if the work to be done under this Contract shall be abandoned, or if the Contract shall be assigned by the Contractor otherwise than as herein provided,or if the Contractor should become insolvent or have a Receiver appointed or volufntarily go into Bankruptcy or be placed in bankruptcy,or if at Any time_the Engineer shall be of the opinion, and shall so certify in writing to said Owner that the work is unnecessarily or unreasonably delayed,or that said Contractor.is willfully violating any terms or conditions of this Contract,or is not executing the Contract in good faith,or is not making such progress in the execution of said work as to indicate its completion within the time specified,said party of the first part shall have the right to notify said Contractor to discontinue said work or such parts or parts thereof as said party of the first part may designate; and subject to the Surety's rights hereunder said party of the fast part shall thereupon have the power and the right to employ by contract or otherwise, and in such manner and at such prices as it may determine, any persons, implements,tools and other means of construction which it may deem necessary to work at and be used to complete the work herein described or such part or parts of it as said party of the first part may have designated; also the power to use such appliances, implements,tools and materials, and means of construction of every description as may be found upon the line of said work,both such as enter into the completed work and such as are necessarily used in-and about the same and to procure other materials for the completion of the same,and for carrying out the terms of this Contract;.also to charge the expense of all said superintendence, labor,materials, trucks, machinery, appliances,implements,tools,and other means of construction to said Contractor•,and the expense so charged shall be deducted and paid by said party of the first part out of such moneys as may be due or become due at any time thereafter to said Contractor, it is agreed that said Contractor shall be entitled to receive the difference; and in case such expense shall exceed the sum which would have been payable under this Contract,'if the same had been completed by said Contractor,then said Contractor shall pay the amount of such excess to the party of the first part on notice from said party of the fast part of the excess so due. It is further agreed that neither an extension of time for any reason,beyond that fixed.herein for the completion of such work; nor the.performance and the acceptance of any part of the work; nor delivery and acceptance of any materials called for by this Contract, shall be deemed to be a waiver by said party of the first part of the right to assume control of this Contract for the reason and in the manner hereinbefore provided. SECTION XIII: The Contractor shall be responsible for all fees or claims for any patented invented used by him, and shall defend any suit that may be brought against the party of the first part and shall hold said party of the first part harmless for use or infringements of any patented thing or method used in connection with the work herein specified. SECTION NIX: The Contractor hereby agrees that he has read each and every clause of this Contract and fully understands the meaning of same,and that he will comply with all of its terms. This Agreement is to be executed in three(3)copies;one copy to be delivered to the Contractor,one to be retained by the party of the first part,and one to be retained by the Engineer. 114