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2014-378 Planning - J. F. Wilkerson Contracting for Morinaga America Infrastructure Improvements $747,840
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2014-378 Planning - J. F. Wilkerson Contracting for Morinaga America Infrastructure Improvements $747,840
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Last modified
5/19/2017 4:12:50 PM
Creation date
8/6/2014 2:06:17 PM
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BOCC
Date
6/17/2014
Meeting Type
Regular Meeting
Document Type
Contract
Agenda Item
6n - Mgr signed
Amount
$747,840.00
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R 2014-378 Planning - J. F. Wilkerson Contracting for Morinaga America Infrastructure Improvements
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2014
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limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors <br /> performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather <br /> conditions, or acts of God. Contractor acknowledges and agrees that adjustments in the Contract <br /> ' Times will be permitted for a delay only to the extent such delay (i) is not caused, or could not <br /> have been anticipated, by Contractor; (ii) could not be limited or avoided by the Contractor's <br /> timely notice to Owner of the delay or reasonable likelihood that a delay will occur; and(iii) is of <br /> a duration not less than one day. In no event will claims for delay be allowed where alleged <br /> delays do not impact the critical path of the Contractor as demonstrated on the relevant schedule <br /> provided by the Contractor for the period of time in which the delay allegedly occurred. <br /> B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as <br /> contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or <br /> ' interferes with the performance or progress of the Work, then Contractor shall be entitled to an <br /> equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's <br /> entitlement to an adjustment of the Contract Times is conditioned on such adjustment being <br /> essential to Contractor's ability to complete the Work within the Contract Times. <br /> C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, <br /> abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the <br /> control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, <br /> then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment <br /> ' is essential to Contractor's ability to complete the Work within the Contract Times. Such an <br /> adjustment shall be Contractor's sole and exclusive remedy for the delays described in this <br /> Paragraph 12.03.C. <br /> ' 1. If a claim is made as provided in Paragraph 12.03.A and this Paragraph 12.03.0 for delay <br /> due to abnormal weather conditions, the time extension to be awarded to Contractor, if any, <br /> shall be calculated using the following standard baseline ("standard Baseline") of monthly <br /> anticipated adverse weather delay days for the project location, and extensions shall only be <br /> granted for days lost in any given month in excess of the number of days shown in the <br /> ' Standard Baseline for the same given month. The Standard baseline shall be regarded as the <br /> established normal and anticipatable number of calendar days for each month during which <br /> construction activity shall be expected to be prevented and suspended by cause of adverse <br /> ' weather. Suspension of construction activity for the number of days each month as listed in <br /> the Standard Baseline shall be included in the Contractor' scheduling of weather-dependent <br /> activities and shall not be eligible for extension of Contract Time. <br /> ' Monthly Contract Allowance(MCA)in days <br /> Y <br /> Month JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC <br /> ' Days 8 6 6 1 7 1 5 8 1 7 5 6 3 5 7 <br /> ' 2. Adverse Weather is defined as the occurrence of one or more of the following conditions <br /> which prevents exterior construction activity or access to the site within twenty-four (24) <br /> hours: <br /> ' a. Precipitation (rain, snow, and/or ice) in excess of two-tenths inch (0.20") liquid <br /> measure. <br /> ' EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> ' Page 61 of 81 <br />
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