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APPENDIX A <br />AGREEMENT FOR CONSTRUCTION SERVICES OUT OF SCOPE TERMS AND <br />CONDITIONS <br />The following terms and conditions supplement the terms and conditions of the Agreement with regard to <br />construction services. In the event of ambiguity or conflict with these Supplemental Terms and Conditions <br />and the terms and conditions of the Agreement or Exhibits/Attachments incorporated therein, these <br />Supplemental Terms and Conditions shall govern. <br />1. Definitions <br />2. "Beneficial Use" means the use of the applicable property, equipment or process for its intended <br />purpose. <br />3. The "Contract Price" is the amount payable to Contractor, including adjustments thereto, for <br />completion of the work in accordance with the contract documents. <br />3.1 The "Contract Time" is the period of time allotted in this Out -of -Scope Agreement for <br />completion of Contractor's work, including adjustments thereto. <br />3.2 "Substantial Completion" of the work, or of a designated portion, occurs on the date when <br />construction is sufficiently complete in accordance with the contract documents so that THE CITY OF SAN <br />MARCOS can occupy or utilize the Project, or a designated portion, for the use for which it is intended. <br />4. Construction Obligations. Contractor shall furnish all supervision and labor, materials, tools, <br />equipment, unloading, taxes, insurance, and other things necessary to perform and complete this Out -of - <br />Scope Agreement. Work performed under this Agreement may be performed by a properly licensed affiliate <br />and/or by using labor fiom affiliated companies of Contractor. <br />5. THE CITY OF SAN MARCOS Obligations <br />5.1 Site. THE CITY OF SAN MARCOS will obtain, arrange, and secure at its own expense all permits, <br />licenses, approvals, legal or administrative orders, deposits, land, easements, rights -of -way, and access <br />necessary for Contractor to perform this Out -of -Scope Agreement. Contractor may rely upon the <br />accuracy of soils reports, subsurface investigations, legal limitations and legal descriptions, and any <br />other information provided by THE CITY OF SAN MARCOS. THE CITY OF SAN MARCOS shall <br />furnish such information in its possession as Contractor may request and shall immediately transmit to <br />Contractor any new information and any changes in plans resulting from such information. THE CITY OF <br />SAN MARCOS shall be responsible for the location of any installation or underground utilities. <br />5.2 Authorized Representative. THE CITY OF SAN MARCOS's representative is fully acquainted with <br />the work and has authority on behalf of THE CITY OF SAN MARCOS to approve design submittals, <br />changes in the work, execute change orders, approve daily reports, render decisions promptly, and furnish <br />information expeditiously and in time to meet the schedule for completion of the work. <br />5.3 Underground Utilities. Unless specified to the contrary in the contract documents, THE CITY <br />OF SAN MARCOS shall be responsible for the location of any installation or underground utilities. <br />6. Safety/Emergencies: <br />6.1 Contractor shall not be responsible for the elimination or abatement of safety hazards created or <br />otherwise resulting from work at the site carried on by THE CITY OF SAN MARCOS or its employees, <br />agents, separate contractors, or tenants. The above provision shall not relieve Contractor's subcontractors of <br />their responsibility for the safety of persons or property in the performance of their work, nor for <br />compliance with all applicable provisions of relevant laws. <br />Page 3 of 5 <br />