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<br />violate dris Contract or discharge the Surety from its obligations. Whenever during the progress of the work, any
<br />additional work or materials or changes or modifications in -the- work or materials contracted for are agreed upon
<br />between the Owner and the Contractor, such additional work--or materials, alterations or modifications shall be
<br />considered and treated as though originally contracted for and shall be 7subject t6 all terms and conditions and
<br />provisions of the original amount.
<br />SECTION VIII: Whenever the Contractor is not upon any part of the work Where it is. desired by the Engineers to
<br />give' instructions, the Superintendent or Foreman, who may be in charge of the particular part of said work, shall-
<br />receive and obey said instructions from the Engineers, provided such instructions are in compliance with the
<br />Contract.
<br />SECTION IX: The party of the first part may require the Contractor to fiunish -additional materials, and to do
<br />additional work not provided in the Contract or in the Specifications, but which may be found necessary -to the
<br />proper prosecution and completion of the work embraced.. in this Contract, at prices to be fixed by the prices named
<br />in the Proposal, or on Material and Force Account, with fifteen (15) percent added for overhead and profit No other_
<br />work than-that included in the Contract shall be done, and no additional material shall be furnished by the Contractor
<br />without a written order from the Engineers. In the absence of such written order from the Engineers, the Contractor
<br />shall not be- entitled to-payment for such additional work. Bills for extra work shall be filed in_tripUcate with the
<br />Engineer within 24 hours after such work is done, in order that the Engineer may check and establish the accuracy of
<br />the -extra work bills: - In- maldng-- charge-for -extra work, no allowance shall be made for the use of small tools
<br />SECTION X The party of the first part - acting through the Engineers reserves the right to place inspectors -on the
<br />work -or at the place of shipment, or delivery of materials, or at factory or works of the Contractor, to observe the
<br />quality and character of the work done and materials used and the Contractor agrees to- afford said inspectors all
<br />proper facilities for carrying out their duties.
<br />It is agreed. and understood that the right of the party of the first part through its Engineers, or Inspector, or, other
<br />agent to supervise the work and materials, is retained, in order to secure the completion of the work according to the
<br />Plans, Specifications, and Contract without unnecessary- inconvenience to the public, but nothing contained in the
<br />Contract and Specifications shall be taken or understood to authorize such control of any of his, their, or its
<br />obligations, or as to make the Contractor an agent of the party of the first part
<br />The Engineer may interpret but -has no power to vary the terms of this Contract and any variation from the terms
<br />shall be at the Contractor's own risk-
<br />SECTION XI: The Contractor will indemnify -and hold harmless the Owner and-Engineer,- their agents, servants-,
<br />and employees, from and against any and all costs, -loss, expense or damage of any kind, including attorney's fees,
<br />threatened against or-suffered by said - parties and arising in any matter out of this Contract or this work contemplated
<br />by this Contract, due to any act of negligence, omission or commission on his part.
<br />Contractor guarantees the faithful performance of the terms of this Contract and the payment for all materials and
<br />labor necessary or furnished for the performance of the work hereunder, payment and performance bonds as set
<br />forth in the specifications hereto being attached to this Contract and specifically incorporated herein by reference.
<br />SECTION MI: The Contractor agrees to Iook after the execution of this Contract personally, and agrees not to
<br />assign or sublet any portion of same without the consent of the party of the first part The subletting or assignment
<br />of any part of the work by the. Contractor shall not in any way relieve the Contractor of his responsibilities or
<br />obligations, and the party of the first part will look to the Contractor and not to the subcontractor or assignee for the
<br />faithful performance of the work.
<br />SECTION XIII: The Contractor shall immediately remove and reconstruct at his own expense all work or materials
<br />not in accordance with this Contract,. and any failure on the part of the Engineer to disapprove of any work or
<br />material at or before a monthly estimate, 'or at any other time before the final completion and acceptance of the
<br />entire work or material, or any part of it, shall not relieve the Contractor or Surety on his Performance and Payment
<br />Bonds from their obligations of faithful performance of the Contract, notwithstanding such work or material may
<br />have been estimated and paid for.
<br />SECTION XIV: Partial payments will be made once a month on 95 percent of the actual work completed -to the
<br />satisfactory of Orange County. There will be no compensation for materials stored on -site. Payment will be based
<br />upon completed work at the unit or lump sum prices named in the Items.' Retainage may be reduced to zero percent
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