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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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14.09 Waiver of Claims <br /> A. The making and acceptance of final payment will constitute: <br /> 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled <br /> Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, <br /> from failure to comply with the Contract Documents or the terms of any special <br /> guarantees specified therein, or from Contractor's continuing obligations under the <br /> Contract Documents; and <br /> 2. a waiver of all Claims by Contractor against Owner other than those previously made in <br /> accordance with the requirements herein and expressly acknowledged by Owner in <br /> writing as still unsettled. <br /> ARTICLE 15—SUSPENSION OF WORK AND TERMINATION <br /> 15.01 Owner May Suspend Work <br /> A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period <br /> of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will <br /> fix the date on which Work will be resumed. Contractor shall resume the Work on the date so <br /> fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the <br /> Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim <br /> therefore as provided in Paragraph 10.05. <br /> 15.02 Owner May Terminate for Cause <br /> A. The occurrence of any one or more of the following events will justify termination for cause: <br /> 1. Contractor's persistent failure to perform the Work in accordance with the Contract <br /> Documents (including, but not limited to, failure to supply sufficient skilled workers or <br /> suitable materials or equipment or failure to adhere to the Progress Schedule established <br /> under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); <br /> 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; <br /> 3. Contractor's repeated disregard of the authority of Engineer; or <br /> 4. Contractor's violation in any substantial way of any provisions of the Contract <br /> Documents. <br /> B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving <br /> Contractor (and surety) seven days written notice of its intent to terminate the services of <br /> Contractor: <br /> 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's <br /> tools, appliances, construction equipment, and machinery at the Site, and use the same to <br /> the full extent they could be used by Contractor (without liability to Contractor for <br /> trespass or conversion); <br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright 0 2007 National Society of Professional Engineers for EJCDC. An rights reserved. <br /> Page 77 of 81 <br />
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