2011-291 AMS - J. F. Wilkerson Contracting Company for contract work for Efland Sewer

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violate this Contract or discharge the Surety from its obligations. Whenever during the progress Of the work any additional work or materials or changes or modifications in-the work or materials contracted for are agreed upon between the Owner and the Contractor, such additional work�or 'materials, alterations or modifications shall be considered and treated as though originally contracted for and shall be subject to all terms and conditions and provisions of the original amount. SECTION VIII: Whenever the Contractor is not upon any part of the work where it is desired by the Engineers to give*instructions, the Superintendent or Foreman,who may be in charge of the particular part of said work,shall receive and obey said instructions from the Engineers, provided such instructions are in cbrapliance with the Contract. SECTION IX: The party of the first part may require the Contractor to furnish-additional materials, and to do additional work not provided in the Contract or in the Specifications, but which may be found necessary to the proper prosecution and completion of the work embraced.in this Contract,at prices to be fixed by the prices named in the Proposal,or on Material and Force Account,with fifteen(15)percent added for overhead and profit No other work than that included in the Contract shall be done,and n'o additional material shall be furnished by the Contractor without written order from the Engineers. In the absence of such written order from the Engineers,the Contractor shall not be entitled to•payment for such additional work. Wills for'extra work shall be filed in triplicate with the Engineer within 24 hours after such work is done,in order that the Engineer may check and establish the accuracy of the extra work bills. in making charge for extra work no allowance shall be made for the use of small tools. SECTION X; The party of the firsit part acting through the Engineers reserves the right to place inspectors.on the work or at the place of shipment,or delivery of materials, or at factory or works of the Contractor,to observe the quality and character of the work.done and materials used and the Contractor agrees to afford said inspectors all proper facilities for carrying out their duties. It is agreed.and understood that the right of the party of the first part through its Engineers, or Inspector, or other agent to supervise the work and materials,is retained,in order to secure the completion of the work according to the Plans, Specifications, and Contract without unnecessary inconvenience to the public, but nothing contained in the Contract and Specifications shall be taken or understood to authorize such control of any of his, their, or its obligations,or as to make the Contractor an agent of the party of the first part The Engineer may interpret but has no power to vary the terms of this Contract and any variation from the terms shall be at the Contractor's own risk. SECTION XI: The Contractor will indemnify and hold harmless the Owner and Engineer, their agents,servants, and employees, from and against any and all costs, loss, expense or damage of any kind, including attorney's bies, "threatened against or suffered by said parties and arising in any matter out of this Contract or this work contemplated by this Contract,due to any act of negligence,omission or commission on his part.. Contractor guarantees the faithful performance of the terms of this Contract and the payment for all materials and labor necessary or famished for the performance of the work hereunder, paymeni and performance bonds as set forth in the specifications hereto being attached to this Contract and specifically incorporated herein by reference. SECTION X11- The Contractor agrees to look after the execution of this Contract personally, and agrees not to assign or sublet any portion of same without the consent of the party of the first part The subletting or assignment of any part of the work by the-Contractor shall not in any way relieve the Contractor of his responsibilities or obligations,and the party of the first part will took to the Contractor and not to the subcontractor or assignee for the faithful performance of the work. SECTION XIII: The Contractor shall immediately remove and reconstruct at his own expense all work or materials not in accordance with this Contract, and any failuie on the part of the Engineer to disapprove of any work or• material at or before a monthly estimate,'or at any otheitime before the final completion and acceptance of the entire work or material,or any part of it,shall not relieve the Contractor or Surety on his Performance and Payment - Bonds from their obligations of faithful performance of the Contract, notwithstanding such work or material may have been estimated and paid for. SECTION XIV: Partial payments will be made once a month on 95 percent of the actual work completed to the satisfactory of Orange County.There will be no compensation for materials stored on-site. Payment will be based upon completed work at the unit or hump sum prices named in the Items. Retainage may be reduced to zero percent 113