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<br />Project No. 2024.108 General Conditions for 2024 Striping Project Page 2 of 2
<br />GENERAL CONDITIONS
<br />I. CHANGES IN WORK. - The Owner may at any time, make changes in the drawings and specifications, within the general scope thereof. If
<br />such changes cause an increase or decrease in the amount due under this contract or in the time required for its performance, an
<br />equitable adjustment will be made, and this contract will be modified accordingly by a “Contract Change Order”. No charge for any extra
<br />work or material will be allowed unless the same has been ordered on such contract change order by the Owner and the price therefore
<br />stated in the order.
<br />II. INSPECTION OF WORK. - All materials and workmanship will be subject to inspection, examination, and test, by the Owner, who will have
<br />the right to reject defective material and workmanship or require its correction.
<br />III. COMPLETION OF WORK. - If the Contractor refuses or fails to complete the work within the time specified in this contract, or any
<br />extension thereof, the Owner may terminate the Contractor’s rights to proceed. In such event the Owner may take over the work and
<br />prosecute the same to completion by contract or otherwise, and the Contractor will be liable for any excess cost occasioned the Owner
<br />thereby; and the Owner may take possession of and utilize in completing the work such materials and equipment as may be on the site of
<br />the work and necessary therefore. If the Owner does not terminate the right of the Contract to proceed, the Contractor will continue the
<br />work, in which event, actual damages for delay will be impossible to determine, and in lieu thereof, the Contractor may be required to
<br />pay to the Owner the sum of $100 as liquidated damages for each calendar day of delay, and the Contractor will be liable for the amount
<br />thereof: Provided, however, that the right of the Contractor to proceed will not be terminated because of delays in the completion of the
<br />completion of the work due to unforeseeable causes beyond the Contractor’s control and without Contractor’s fault or negligence.
<br />IV. RELEASES. - Prior to final payment, the Contractor will submit evidence that all payrolls, material bills, and other indebtedness connected
<br />with the work have been paid as required by the Owner.
<br />V. OBLIGATION TO DISCHARGE LIENS. - Acceptance by the Owner of the completed work performed by the Contractor and payment
<br />therefore by the Owner will not relieve the Contractor of obligation to the Owner (which obligation is hereby acknowledged) to discharge
<br />any and all liens for the benefit of subcontractors, laborers, material-person, or any other persons performing labor upon the work or
<br />furnishing material or machinery for the work covered by this contract, which have attached to or may subsequently attach to the
<br />property, or interest of the Owner.
<br />VI. NOTICES AND APPROVAL IN WRITING. - Any notice, consent, or other act to be given or done hereunder will be valid only if in writing.
<br />VII. CLEANING UP. - The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of
<br />the work shall remove from the premises all rubbish, implements and surplus materials.
<br />VIII. WARRANTY. - Contractor warrants and guarantees that title to all work, materials, and equipment covered by any Application for
<br />Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. If
<br />within one year after completion of the work, any work is found to be defective, Contractor shall promptly, without cost to the Owner,
<br />correct such defective work as approved by the Owner.
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<br />IX. INDEMNIFICATION. - Contractor shall defend and indemnify the city against claims brought or actions filed against the city or any of its
<br />officers, employees or agents for property damage, bodily injury or death to third persons, arising out of or relating to contractors work
<br />under the contract.
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<br />X. WORKERS’ COMPENSATION INSURANCE. - Contractor shall provide a certificate of insurance showing evidence of workers’ compensation
<br />coverage or provide evidence of qualification as a self-insurer of workers’ compensation.
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<br />XI. LIABILITY INSURANCE REQUIREMENTS. – A certificate of insurance acceptable to the City shall be filed with the City prior to the
<br />commencement of the work. The certificate and the required insurance policies shall contain a provision that the coverage afforded
<br />under the contract will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the city.
<br />Contractor shall maintain commercial general liability (CGL) insurance with a limit of not less than $1,000,000 each occurrence and an
<br />aggregate limit of not less than $2,000,000. The CGL insurance shall cover liability arising from premises, operations, independent
<br />contractors, subcontractors, products-completed operations, personal injury and advertising injury, and contractually-assumed liability.
<br />The City and FOCUS Engineering, Inc. shall be named as an additional insured under the CGL. Contractor shall maintain automobile
<br />liability insurance, and if necessary, umbrella liability insurance with a limit of not less than $1,000,000 each accident and an aggregate
<br />limit of not less than $2,000,000. The insurance shall cover liability arising out of any auto, including owned, hired, and non-owned autos.
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