13.The CONTRACTOR shall be responsible for cutting, fitting or patching required
completing the Work or to make its parts fit together properly.
14. The CONTRACTOR shail keep the premises and surrounding area free from
accumulation of debris and trash related to the Work.
15. Upon completion of WORK, CONTRACTOR warrants and guarantees to OWNER, for
one (i) year, and that all WORK was completed in accordance with the Contract
Documents and will not be defective. CONTRACTOR’s warranty and guarantee
hereunder excludes defects or damage caused by:
¥ Abuse, modification, or improper maintenance or operation by persons other than
CONTRACTOR, subcontractors, suppliers, or any other individual or entity for
whom CONTRACTOR is responsible; or
> Normal] wear and tear under normal usage.
ARTICLE 9 —- CHANGES IN THE WORK
After execution of the Contract, changes in the Work may be accomplished by Change
Order or by order for a minor change inthe Work. The OWNER, without invalidating the
Contract, may order changes in the Work within the general scope of the Contract
consisting of additions, deletions or other revisions, the Contract Sum and Contract Time
being adjusted accordingly.
A Change Order shall be a written order to the CONTRACTOR signed by the OWNER
to change the Work, Contract Sum or Contract Time.
Change Order requests must include material and equipment cost plus labor with a profit
margin of no more than 10%. Change Orders may require approval by the Board of
Public Works and the OWNER’s Finance Committee vote prior to proceeding,
The OWNER will have authority to order minor changes in the Work not involving
changes in the Contract Sum or the Contract Time and not inconsistent with the intent of
the Contract Documents. Such changes shall be written orders and shall be binding on the
OWNER and CONTRACTOR, The CONTRACTOR shall carry out such written orders
promptly,
If concealed or unknown physical conditions are encountered at the site that differ
materially from those indicated in the Contract Documents or from those conditions
ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable
adjustment following authorization of the OWNER to the charges.
ARTICLE 10 — TIME
—
Time limits stated in the Contract Documents are of the essence to the Contract.
If the CONTRACTOR is delayed at any time in progress of the Work by changes ordered
in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties
or other causes beyond the CONTRACTOR?’s control, the Contract Time shail be
extended by Change Order for such reasonable time as may be determined.
ARTICLE 11 ~- PAYMENTS AND COMPLETION
1.
The Contract Sum stated in the Agreement, including authorized adjustments, is the total
amount payable by the OWNER to the CONTRACTOR for performance of the Work
under the Contract Documents.
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