|
GENERAL CONDITIORS
<br />I. WORK SPECIFICATIONS--Work.shall be done under general supervision and direction of Owner or his authorized
<br />representative all in accordance with Owner's requirements and those of any state, city or town or other officials having
<br />jurisdiction. Time schedules shall be furnished by Contractor showing the starting and completion dates and detail accepptable to
<br />Owner who plans to supply, when needed, any items to be supplied by Owner so that Contractor's work schedule may be main-
<br />tained, although no liability Is assumed by Owner for such deliveries on schedule. Contractor will arrange a schedule that will
<br />minimize interference with Owner's operations. Contractor will furnish all labor, materials, transportation, scaffolding, Ali a-
<br />ratus, ways, works, machinery, plant, water, licenses, all permits required under local, state or federal regulations, inspection
<br />required by building departments or special supervision, etc., necessary to complete the work in a safe and acceptable manner.
<br />2. CONTRACTOR'S RESPONSIBILITY—Contractor shall verify all' measurements and' be responsible fdr the same, and
<br />shall report to Owner any seeming errors, disturbances or inconsistencies in the specifications or detailed drawings andplans
<br />and shall request in writing all adjustments deemed necessary before proceeding with the work. Contractor shall be held to have
<br />examined the premises and the limitations under which the work will have to be executed, as well as any undergroundcon-
<br />ditions. Failure to ask for adjustments shall be construed as Contractor's acceptance of, detailed drawings and plans and
<br />specifications.
<br />3. CONTRACTOR'S WARRANTY—Contractor will be responsible for the execution of a satisfactory and complete piece
<br />of work in accordance with the detailed drawings and specifications. Contractor shall provide proper and safe means for
<br />inspection of the work by Owner who shall have the right to reject all work or material not in accordance with the detailed
<br />drawings and specifications, whether incorporated in the work or not. Contractor shall remove such rejected work or material
<br />and replace the came with work or material satisfactory to the Owner promptly upon notice from Owner. Further, Contractor
<br />shall promptly replace any defective workmanship and material that may develop within one year from date of completion
<br />of contract or from date of discovery of latent defects, and repair any and all damage caused thereby, all at Contractor's
<br />expense and according to instructions of Owner. If the Owner deems it inexpedient to correct work injured or not done in accor-
<br />dance with the contract, an equitable adjustment from the contract price or refund to the Owner shall be made. The date of
<br />final completion shall be agreed upon in writing in order to establish commencement of this guarantee period.
<br />4. PROTECTION OF WORK AND PROPERTY— The Contractor shall continuously protect all his work from damage and
<br />shall protect Owner's property from injury or loss arising in connection with this contract. The Contractor shall adequately
<br />protect adjacent property as provided by law. The Contractor shall take all necessary precautions for the safety of personnel
<br />as required by laws, codes, and Owner's applicable regulations. This shall include, without limitation, the erection of necessary
<br />safeguards and posting of warning signs against hazards. In an emergency affecting the safety of life or of the work or of
<br />adjoining property, the Contractor, without special instruction or authorization from Owner, is hereby permitted to act, at
<br />his discretion, to prevent such threatened loss or injury, and he shall so act, without appeal, if so instructed or authorized by
<br />Owner. Compensation for emergency work shall be determined by agreement.
<br />6. LIABILITY COVERAGE—The Contractor shall indemnify Owner and save it harmless from damage to Owner's prop-
<br />erty and from all claims and judgments for injury or death to persons or property damages (including costs of litigation and
<br />attorneys' fees) made or obtained against Owner by third persons, including Owner's and Contractor's employees and agents,
<br />based on injuries to person or property, in any manner caused by, incident to, connected with, resulting or arising from the
<br />performance of this contract or the presence of Contractor's employees and/or agents on Owner's premises, regardless of
<br />whether such claims are alleged to be caused in whole or in part by negligence, or otherwise, on the part of the Owner or its
<br />employees. Contractor shall procure and furnish to Owner:
<br />a:• Certificate of Workmen's Compensation or Employer's Liability Insurance.
<br />b. Certificate,of Comprehensive Public Liability and Property Damage. Insurance with limits of at least
<br />$10,000/$20,000 Bodily Injury and at least $6,000 Property. Damage, unless otherwise specified, issued by_a company approved
<br />and In a form satisfactory to Owner.
<br />This policy is to be endorsed by said insurance company to recognize this contractual agreement with the Owner by
<br />direct ouotation of the rst nararranh of this Seet;nn fi a nun
<br />c. Certificate of Automobile Liability Insurance with limits of at least $10,000/$20,000 Bodily Injury and at
<br />j least $6,000 Property Damage, unless otherwise specified.
<br />Certificates herein described shallbefiled with Owner before any work is started on the premises described
<br />in this contract.
<br />6. FIRE AND EXTENDED COVERAGE, INSURANCE—Owner will carry the fire and extended coverage risk on material
<br />delivered to Owner's premises or to property, adjacent thereto And intended for use on Owner's, premises and on materials in
<br />place in the work, for the account of interested parties as their interests may appear.
<br />7. TAXES—Contractor shall pay any and all required occupational or gross receipt taxes, income taxes, including with-
<br />holding taxes on wages and payments required by Social Security Act, and any and all other taxes or levies upon material
<br />and labor supplied under this contract.
<br />S. ROYALTIES AND PATENTS—Contractor shall protect and save Owner harmless from all claims or suits relating
<br />to inventions, patents, patent rights, or other incumbrances arising out of the execution of this contract or anything
<br />idone hereunder.
<br />9. CHANGES—Any changes shall be made only on written authority from Owner as stipulated on the face of this con-
<br />tract. The cost of any changes shall be determined on the same unit basis (exclusive of overhead and profit) as similar work
<br />in the original contract, with fair allowance being made for any change in basic material prices or labor hourly rate paid by
<br />Contractor, using the same percentage of profit and overhead for general contractor and subcontractor as used in this original
<br />contract. Where unit cost is stipulated in contract, it shall be used in determining the cost to Owner on such change. In case of
<br />dispute between Owner and Contractor as to cost of changes, the books and records of Contractor or subcontractor shall be
<br />made available for examination by Owner so as to establish the unit basis and percentage of profit and overhead included in
<br />original contract. Contractor agrees that in the event Owner is not satisfied with the cost quoted by Contractor on any change,
<br />Owner may engage other persons or contractors to make said change, and Contractor agrees to cooperate fully with said per-
<br />sons or new contractor.
<br />10. ASSIGNMENTS AND SUBCONTRACTS—Neither this contract nor any interest therein shall be assigned or trans-
<br />ferred by Contractor, nor shall any part of the work be sublet without Owner's written consent.
<br />11. OWNER'S RIGHT TO TERMINATE CONTRACT— If Contractor should be adjudged a bankrupt, or make a general
<br />assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if Contractor should
<br />persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper materials or fail to make
<br />prompt payments to subcontractors, or if Contractor's workmen should leave the work before its completion for any reason
<br />whatever or disregard the instruction of Owner, or otherwise be guilty of a substantial violation of any of the provisions of
<br />this contract, then Owner, without prejudice to any other right or remedy and after giving the Contractor seven days'
<br />written notice may terminate the engagement of Contractor hereunder and take immediate possession of the premises and of
<br />all materials, tools and appliances thereon and finish the work by whatever method Owner may deem expedient. In such
<br />case, Contractor shall not be entitled to receive any further payments until the work is finished. If the unpaid balance of
<br />the contract price shall exceed the expense of finishing the work, such excess shall then be paid to Contractor. If such ex-.
<br />pense shall exceed such unpaid balance, Contractor shall pay the difference to Owner.
<br />12. SEPARATE CONTRACTS— Owner reserves the right to let other contracts in connection with this work. Contractor
<br />shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of
<br />their work, and shall properly connect and coordinate all work with that of other contractors.
<br />13. LIENS—No partial or final payment shall become due to Contractor until Contractor delivers to Owner a complete
<br />release of all liens arising out of this contract for the material and labor included in the applicable payment, or at Owner's
<br />oy"on lace[ is in full in lieu thereof and— ifsemdre Lln either�:ase, ap -affidavit that nn far as Contrartnr has Imawledge ar_
<br />m— o'—f l son the r%eases and receipts include all the labor and material for which a lien could be filed; but Contractor may,
<br />if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to Owner, to indemnify against
<br />any lien. If any lien remains unsatisfied after all payments are made, Contractor shall refund •to Owner all money that the
<br />latter mily be compelled t5 pay in discharging such lien, including all costs and n reasonable amount for attorney's fee.,.,'
<br />14. PAYMENTS—Unless otherwise instructed, Contractor shall submit applications for payment to Owner in TRIPLICATE,
<br />and in form acceptable to Owner. Payments will be made in monthly installments,' each installment equaling 90 per cent of
<br />the value of materials furnished on the ground or in place and paid for, and labor performed and paid for, during the preceding
<br />month, and after receipt of release of liens as set forth hereinabove. No aggregate of payments for any trade, subdivision or
<br />subcontract shall exceed 907 of the amount for that item included in the schedule of values, which schedule shows the amount
<br />included in the contract for each such item, with the total of all items comprising and equaling the total contract price, and
<br />which schedule is to be agreed upon by Contractor and Owner, and copies submitted to Owner at time contract is awarded,
<br />or prior to start of construction. The final payment shall be due and payable within 30 days afterthe completion of the work
<br />and, its acceptance by Owner and the issuance of satisfactory protection from liens, and manufacturer's guarantee or surety
<br />bond if required herein: In absence of satisfactory protection, final payment shall become due 6 days after the expiration of the
<br />legal period for filing of liens, or the removal from record of any liens which may have been filed, whichever dateis,later.
<br />Payments shall be made only upon approval by the authorized representative of Owner.
<br />16.—OCCUPANCY—Whenever in the opinion of Owner.all or any part or portion of building has been sufficiently completed
<br />totakepossession of such premises, Owner may use it for installing equipment and merchandise, and for operating its busi-
<br />ness. Such possession and use shall not constitute acknowledgment that the building, or any part of it, has been completed. or
<br />that the work, or any part of it, is satisfactory. Contractor shall continue the work in full accordance with the detailed draw-
<br />ings and plans, specifications, and contract and, in order to complete the work, shall work around Owner's equipment, merchan-
<br />dise and business operation. '�
<br />
|