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` Construction Contract
<br /> GENEI2AL CONDTTIONS
<br /> � 8. Final Clean-Uu
<br /> Prior to Substantial Completion,the Contractor shall employ experienced persons or a professional team to make a Final Clean-Up ofihe Project or sach
<br /> � portions of the Project as the Owne�"s Representative may designate. Such Ctean-Up shalf cause the Project to be suitable for immediate use for iLs intended purpose.
<br /> Such Clean-Up shall leave all surfaces,equipment,finishes,fixtures,furtcishing and other similar items in a condition requiring only ordinary c�ne to maintain. The
<br /> Contractor shaU be responsible to reclean as directed any areas soiied or dittied as a result of perfortning correcrive or vncompleted Work.
<br /> � 110. CHANGE OF CONTRACT
<br /> A The Owner may order changes in ttie scope ofthe Work and the Coniractor shall peifom►the Work as changed.The Ovmer may order changes
<br /> as follows:
<br /> � 1) 'Fhe Owner may issue in writing a request for a Change of Contract proposal to the Cantractoc The Contracior shall submit a
<br /> proposai for the requested Ct:ange of Contract to the Owner within fourteen(14)calendar days ofthe receipt of such request(or as othenvise specifically
<br /> agreed upon by the Owner and the Contractor).The proposal shall contain a quantity survey including quantity calculations,acea calculations,unii prices,
<br /> [abor hours,rates and any other information necessary to provide the Own�,in the Ovmer's opinion,with a comprehensive understanding of the proposal.
<br /> � The proposal shall contain any credits due the Owner resulting&om the requested Change of Contract The proposal shall reflect unit prices contained
<br /> in the Con�act Documents,if any;the Contractor shall represent and certify to the Owner that the prices contained therein are the Iowest prices available
<br /> to the Contractor. Ifwork covered by the proposal is similar to work for which unit rates have been established,the unit rates for suct►established work
<br /> shall be,at the Ovmer's option,the basis for detecmining the cost of sueh similar work. The proposal shall clearly indicate all areas of the Work affected
<br /> � by said requested Change of Contract The Contractor sha11 require each Subcontractor,Supplier and Sub-subconfractor to conform to the require�nents
<br /> of this Paragaph.Ifthe Contractor fails to subm'st a proper pro�osal in accordance herewith,the Owner may suspend further payments undl the Contractor
<br /> complies.
<br /> 2) !f time restraints require or if the Owner and the Contractor fail to agae upon the cost of any change in the scope of the Work
<br /> � pursuant to Paragraph 19(A)(1),the Owner may dircct the Contractor by written order to proceed with the Wor[c involved by issuing a Change Directive
<br /> (Exhibit n.Ift6e Contractor ctaims that such work constitutcs a Change ofContract,ther►the Contractor shall submit to the Owner a request for a Change
<br /> of Contract in accordance with Paragraph 19(A)(1). The Contraet sum or the time for pedormanee may not be changed as a result of issuanee of,or
<br /> compliance with,a Change Directive. The Ovmer may ffiso issue a C6ange Diredive to assess backcharges against the Contractor.
<br /> � B. A Change of Contract is a written order to the Contractor signed by the Owner or the Owrter's Agen�issued after the execution ofthe Contract,
<br /> aukhorizing a change in the scope of the Work or an adjustment of the Contract Sum or the time for performance(Exhibit n. The Contsact Sum and the time for
<br /> performance may be changed only by a Change of Coatrack A Change of Contract signed by the Contractor indicates his ageement therewith,including the
<br /> � adjusUnent in the Contract Sum or the time for performance,if any. It is understood that unless the Change of Contract specifically and cicazly modifies the time
<br /> for perfocmance,the Contractor agrees that there shall be no modification in the time for performance and,by executing the Change of Conuae�the Contractor
<br /> expressly waives and releases any and ai!claims,rights,or interests,including,but not limited to,those for extensions of time,impact,disruption,loss of efficiency,
<br /> "ripple,"or other extr�aordinary or consequential costs,originating directly or indi�tly out of the Work set forth in or related to the particular Change of Contract.
<br /> � C. The charge or credit for the Change of Contract for work perforcned pursuant to Paragraph 14(A)(2)will be determined as set forth in this
<br /> Paragap6 19(C). The allowable limit for trade mark-up is based on aetual cost pius a percentage fee for overhead and profit of five percent(5°�)for the Contractor
<br /> and ten percent{10'�0)to be apportiw�d behveen any and all Subcontractois and Sub-subcontrsctors. For work performed by the Contractor's own forces,the
<br /> Contractor's merk-up shall be limited to actual cost plus a percentage fee for overhead end profrt of ten percent(10'�a).For the purpose of calculating trade mark-up,
<br /> � actual cost is defiaed as(i)cost of labor,including social security,old age and unemptoyment insurance,and&inge benefits�equired by agreement or cuswm,
<br /> workers'compensation insurance and bond prcmiums(if any),(ii)actual cost of materials,including sales tax and the cost of delivery,and{'v)rental value of
<br /> equipment and machinery.based on curnent AGC r�tal rates,obtained and used specificaliy for such work. Acxual cost does not include any item which could be
<br /> dcemed to be a general cAnditions cost or overhe,ad such as,but not limited to,the cost of Contractor and Subcontractor supervisory pe�nnnel assignod to the Project,
<br /> ' and field office and related expenses.All work performed pursuant to this Paragraph 19(C)shal!be sabject to veritication/audit by the Owner. The Contiactor shall
<br /> afford Owner reasonable access to all applicabie Pmject records for a period of thra(3)years from the completion of the Project
<br /> D. In the alternative,the Owner shall have the right to employ a separate Contractor to perform such work.The Contractor shall afford separate
<br /> ' Contractors reasonable opportvnity for the delivery and storage of ffieir materials and equipment and the execution of the work,and the Contractor shall fulty and
<br /> propedy coordinate his work with the work of such separate Contractors,atl at no additiona�cost to the Owner.
<br /> E. The Ovmer,in its sole discretion,may elect to pay for extra work performed by the Contractor although the Contractor hss not complied with
<br /> a11 requirements of the foregoing subparagaphs of this Paragaph The ContracEor expressiy a�es that such el�tion by the Owner shall not be deemed a waiver
<br /> ' of the Owner's rights or constitute a couise of conduct,abrogadng the requirements of this Pacagraph. The ContracWr further expressly agrees that the Owner shall
<br /> 6ave no obligation to pay the Contractor unless the Contractor hes compGed with all requirements ofthis Para�aph,and the dwne�'s rights to require such compliance
<br /> shall be ihe same as if the Owner had required such full compliance with respect to each and eveay item of extra work performed by the Contractor.
<br /> 1 20. CI.AIMS FOR EXTRA COST/EXTENSIONS OF TIME
<br /> Ifthe Contractor claims that any instructions by Drawings(including Shop D�awiags)or wriUen clarification or othervvise involve extra costs or require an extension
<br /> of time undes his Contract,he shall give the Owner's Represeatative written notice within seven(7)days of the receipt t!►ereof. Within fourteen(14)days of
<br /> � submission of the wriUen no6ce,the Contractor shall submit the back-up for all allowab[e ext�sions of time and all claimed ea�a costs,including,but not limited
<br /> W,detailed labor and material costs,subject to Paragaph 8(A)hereof. Except in an emergency which a�dangers life or property,the Conhactor shall not procced
<br /> without written acceptance in the form of a Change Directive or a Change of Contract from the Owner. Failure of the Contractor to provide such written notice in
<br /> a Nmely manner within seven(7)days shall deprive thc Contractor of its right to claim such extra cosfs.
<br /> ' 21. CORRECTION OF WORK
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