13. The CONTRACTOR shall confine operations at the site to areas permitted by law, ordinances,
permits, the Contract Documents and the OWNER.
14. The CONTRACTOR shall be responsible for cutting, fitting or patching required completing
the Work or to make its parts fit together properly.
15. The CONTRACTOR shall keep the premises and surrounding area free from accumulation of
debris and trash related to the Work.
16. Upon completion of WORK, CONTRACTOR warrants and guarantees to OWNER, for one (1)
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
1. After execution of the Contract, changes in the Work may be accomplished by Change Order
or by order for a minor change in the 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.
2. AChange Order shall be a written order to the CONTRACTOR signed by the OWNER to change
the Work, Contract Sum or Contract Time.
3. 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.
4. 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.
5. 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
1. Time limits stated in the Contract Documents are of the essence to the Contract.
2. 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 shall be extended by
Change Order for such reasonable time as may be determined.
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