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FILE CC3.1 Construction Am For=) General Conditions 5-3-33 B� General Conditions ' M—Mender — Insurance? CC-3 (�F 3.7 I.YDUENDENT GONTe7ACTOR: Contractor shall perform the work as an independent Contractor, and peraorm employed by Contractor in connection therewith will be employees of Contractor and not employees of PC&E in any respect. 5.8 USE OF FACILITIES: PG&E shall have the use of the facilities constructed hereunder at any time during construction, whether such facilities are completed or not. If PC&c makes use of any uncompleted facility. PG&E will reimburse Contractor for any actual expense incurred as a result of its use. 5.9 TM(IYATION OF C3NTRAC7: If (1) Contractor fails to conform to the requirements of the contract; or (2) Contractor seeks relief under any lav for the benefit of insolvents or is adjudged bankrupt, or (3) any lega, proceeding is commenced against Contractor which, in Constructor's opinion, may interfere with the perfor—.ante a, the contract; or (4) in Constructor's opinion, It is apparent that the work will not be completed within the specified time and Constructor has requested Contractor to take steps to accomplish the required progress and eoepletion. and Contractor has failed to do so. PCSE may, at its option and without prejudice to any other right It may have, take over and complete all or part of the work Liming Contractor's equipment and facilities at the work site and may terminate all or part of the contract. Contractor shall be liable for any additional cost to PG&E arising from ter%ination. In the event of termination. Contractor shall vacate the work site and not ramov, Any material, plant, or equipment without the prior approval of Constructor. 3.10 TEII_CIATION FOR "C&V S REASONS: Should PG&E be required or deem it advisable to suspendor terminate the contract. It may do so upon written notice to Contractor. Contractor thereupon shall take whatever action with respect to perforaanca of the work as will tend to minimize its claim against PG&E. In the event of termination PCSE shall be liable to Contractor only for the value of the work performed to the date of termination, plus Costs reasonably incurred by Contractor in terminating his operations. Contractor shall not be entitled to any Payment for anticipated profits on uncompleted portions. 5.11 IHSPE=DNS AND TESTS: PCSE has the right to make field and shop Inspections and tests, and PC&E's Inspectors shall have access to the work. Neither the making nor the failure to make inspections and tests by PG&E nor the express or implied approval by Constructor of any part of the work shall relieve Contractor of the responsibility to complete and guarantee the work as specified. Rejected work shall be corrected as directed by Constructor at sole expense of Contractor. 5.12 GUARANTEE: Contractor shall repair or replace or both. at his exoense, any part of the work which develop defects due to faulty material or workmanship within a one—year period after the work is accepted. The warranty period for repaired or replaced parts shall be one year from the date of completion and acceptance of the repair or replacement. Contractor shall repair or replace at his expense any other property damaged as a result of the defects. 6 PAYMENTS AND MISCELLANEOUS 6.1 PAY'S STS: For contracts that total less than $5,000. Contractor will be paid 100= of the contract price 35 days after acceptance by Constructor of the completed work. For contracts that total $5.000 or more. Contractor will be paid 90Z of the total contract price after acceptance by Constructor of the completed work. If the work requires more than six weeks time to complete, monthly progress payments will be made In the amount of 9OZ of the estimated value of the work, including extras, satisfactorily completed, in place, and accepted during the month. The remaining 101.. of the total contract price will be paid to Contractor 35 days after the date of acceptance by Constructor. Each monthly payment (except final) will be made within 21 days after receip and approval by Conatructor of Contractor's invoice covering the work performed during the month. 6.2 WITHHOLDING FUNDS: PG&E may retain from payments due hereunder sufficient funds to (1) repair or replace work deemed defective by Constructor, and (2) discharge delinquent accounts of Contractor for which lleas on PC&E's property have been or can be filed. PG&E may at any time pay out of the funds withheld from Contractor amounts admittedly due on delinquent accounts. 6.3 SEGREGATION OF PRICE: Contractor shall submit a segregation of the contract price, if requested, for each lump—sum of the Proposal Fora. the segregation shall itemize the estimated cost of each class of work, together with An allowance for profit. Insurance, and overhead expertme3 the total of which .shall equal the contract price When approved by Constructor, the segregation shall become the basis for determining progress payments for work performed. 6.4 CLAI`fS: If Contractor claims extra compensation or tLmeTfrom PC&E arising out of PC&E's administration or interpretation of the contract or other action on the part of PG&E, Contractor shall submit to Constructor a written smarement supporting the claim as soon as practicable but not more than 30 days after the action or decision giving rise to the claim. Portions of Contractor's claim incurred prior to written notification to Constructor shall be considered waived and failure to submit a statement within 30 days shall constitute it waive of the entire claim. Acceptance by Contractor of the final payment hereunder shall be deemed a waiver by Contractor of claims against PCSE. 6.5 REFERENCES: References in this Specification to standard specifications, codes, and requirements of organizations, such as the American Society for Testing and Xateria Ls (AST`f) , American Institute 0f Steel Canstruction (AISC) , and others. are made to current issue thereof, unless otherwise specified. Requirements of reference specifications shall be deemed a pert hereof, except that In the event of a conflict between the requirements of EhLA Specification and those of reference specifications, the most stringent shall govern. 6.6 CLEANUP: Upon completion of the work. Contractor shall remove debris and waste material resulting from the work and leave the work alae clean. Building surfaces affected by the work, including glass, shall be left ciea FILEOH/JOB