GENERAL CONSTRUCTION CONTRACT TERMS & …

1 GENERAL CONSTRUCTION . CONTRACT TERMS & conditions . TABLE OF CONTENTS. SECTION I. DEFINITIONS AND TERMINOLOGY ..1. A. DEFINED B. TERMINOLOGY ..5. C. TECHNICAL SECTION II. PRELIMINARY A. DELIVERY OF BONDS ..6. B. COPIES OF DOCUMENTS ..6. C. COMMENCEMENT OF CONTRACT TIME; NOTICE TO D. STARTING THE WORK..7. E. BEFORE STARTING CONSTRUCTION ..7. F. PRECONSTRUCTION CONFERENCE..7. G. INITIAL ACCEPTANCE OF SECTION III. CONTRACT DOCUMENTS: INTENT, AMENDING, A. INTENT..8. B. REFERENCE STANDARDS ..8. C. REPORTING AND RESOLVING DISCREPANCIES ..9. D. AMENDING OR SUPPLEMENTING CONTRACT DOCUMENTS..9. E. REUSE OF DOCUMENTS ..9. SECTION IV. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL conditions ;. REFERENCE A. AVAILABILITY OF LANDS..10. B. SUBSURFACE AND PHYSICAL conditions ..10. C. DIFFERING SUBSURFACE OR PHYSICAL conditions ..11. D. UNDERGROUND FACILITIES ..12. E. REFERENCE POINTS..13. F. HAZARDOUS ENVIRONMENTAL conditions AT SITE.

2 13. SECTION V. BONDS AND INSURANCE ..15. A. PERFORMANCE, PAYMENT AND OTHER BONDS ..15. B. LICENSED SURETIES AND INSURERS ..15. C. CERTIFICATES OF INSURANCE ..15. D. CONTRACTOR'S LIABILITY INSURANCE ..15. E. ACCEPTANCE OF BONDS AND INSURANCE; OPTION TO SECTION VI. CONTRACTOR'S RESPONSIBILITIES ..17. A. SUPERVISION AND SUPERINTENDENCE ..17. B. LABOR; WORKING HOURS ..18. C. SERVICES, MATERIALS, AND EQUIPMENT ..18. D. PROGRESS SCHEDULE ..18. E. SUBSTITUTIONS AND OR-EQUALS ..18. F. SUBCONTRACTORS, SUPPLIERS AND OTHERS ..19. G. PATENT FEES AND ROYALTIES ..20. H. I. LAWS AND REGULATIONS ..21. J. K. USE OF SITE AND OTHER L. SAFETY AND PROTECTION ..22. M. SAFETY REPRESENTATIVE ..23. N. HAZARD COMMUNICATION PROGRAMS ..23. O. EMERGENCIES ..23. -i- P. SHOP DRAWINGS AND SAMPLES ..23. Q. CONTINUING THE R. CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE ..25. S. INDEMNIFICATION ..25. SECTION VII. OTHER A. RELATED WORK AT SITE.

3 26. B. COORDINATION ..27. SECTION VIII. THE OWNER'S RESPONSIBILITIES ..27. A. COMMUNICATIONS TO CONTRACTOR ..27. B. FURNISHING C. PROMPT PAYMENT ..27. D. LAND AND EASEMENTS; REPORTS AND TESTS ..27. E. CHANGE F. INSPECTIONS, TESTS AND APPROVALS ..27. G. LIMITATIONS ON HORRY COUNTY'S RESPONSIBILITIES ..27. H. FINANCIAL RESPONSIBILITY ..27. SECTION IX. ENGINEER'S STATUS DURING CONSTRUCTION ..27. A. THE OWNER'S REPRESENTATIVE ..27. B. SITE VISITS BY ENGINEER ..28. C. PROJECT REPRESENTATIVE ..28. D. CLARIFICATIONS AND INTERPRETATIONS ..28. E. AUTHORIZED VARIATIONS IN WORK ..28. F. REJECTING DEFECTIVE WORK ..28. G. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENTS ..28. H. DETERMINATIONS FOR UNIT PRICE WORK ..28. I. REQUIREMENTS OF CONTRACT DOCUMENTS AND ACCEPTABILITY OF J. LIMITATIONS ON ENGINEER'S AUTHORITY AND SECTION X. CHANGES IN THE WORK; A. AUTHORIZED CHANGES IN THE C. EXECUTION OF CHANGE ORDERS ..29. D. NOTIFICATION TO E.

4 CLAIMS AND DISPUTES ..29. SECTION XI. COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK ..30. A. COST OF THE WORK ..30. B. CASH ALLOWANCES ..30. C. UNIT PRICE WORK ..30. SECTION XII. CHANGES TO CONTRACT PRICE; CHANGES TO CONTRACT A. CHANGE OF CONTRACT PRICE ..30. B. CHANGE OF CONTRACT TIME ..30. C. DELAYS BEYOND CONTRACTOR'S D. DELAYS WITHIN CONTRACTOR'S CONTROL ..30. E. DELAYS BEYOND THE OWNER'S AND CONTRACTOR'S CONTROL ..31. F. DELAY DAMAGES ..31. SECTION XIII. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF. DEFECTIVE A. NOTICE OF DEFECTS ..31. B. ACCESS TO WORK ..31. C. TESTS AND INSPECTIONS ..31. D. UNCOVERING WORK ..32. - ii - E. OWNER MAY STOP WORK ..32. F. CORRECTION OR REMOVAL OF DEFECTIVE WORK ..33. G. CORRECTION H. ACCEPTANCE OF DEFECTIVE WORK ..34. I. THE OWNER MAY CORRECT DEFECTIVE WORK ..34. SECTION XIV. PAYMENTS TO CONTRACTOR AND A. SCHEDULE OF VALUES ..35. B. PROGRESS PAYMENTS.

5 35. C. CONTRACTOR'S WARRANTY OF TITLE ..37. D. SUBSTANTIAL COMPLETION ..37. E. PARTIAL UTILIZATION ..37. F. FINAL INSPECTION ..38. G. FINAL PAYMENT ..38. H. FINAL COMPLETION DELAYED ..39. I. WAIVER OF CLAIMS ..39. SECTION XV. SUSPENSION OF WORK AND TERMINATION ..40. A. THE OWNER MAY SUSPEND WORK ..40. B. THE OWNER MAY TERMINATE FOR CAUSE ..40. C. THE OWNER MAY TERMINATE FOR CONVENIENCE ..41. D. CONTRACTOR MAY STOP WORK OR TERMINATE ..41. SECTION XVI. DISPUTE A. IN GENERAL ..41. B. EXCLUSIVITY ..42. SECTION XVII. MISCELLANEOUS ..42. A. GIVING NOTICE ..42. B. COMPUTATION OF C. CUMULATIVE REMEDIES ..42. D. SURVIVAL OF OBLIGATIONS ..42. E. CONTROLLING LAW AND VENUE ..42. - iii - Section I. DEFINITIONS AND TERMINOLOGY. A. Defined TERMS -Wherever used in the CONTRACT Documents, the TERMS listed below will have the meanings ascribed which are applicable to both the singular and the plural thereof. 1. Abandonment-a willful decision by the contractor suspending the progress of the work for an uninterrupted period of three (3) or more consecutive days (excluding Saturdays, Sundays, or national holidays) not requested by the owner or the engineer and not caused by natural phenomena or acts of God.

6 2. Addenda-Written or graphic instruments issued prior to the opening of bids that clarify, correct, or change the Bidding Requirements or the CONTRACT Documents. 3. Agreement-The written instrument which is evidence of the covenant between owner and the contractor covering the work. 4. Application for Payment-The form acceptable to the owner which is to be used by the contractor during the course of the work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the CONTRACT documents. 5. Asbestos-Any material that contains more that one percent (1%) asbestos fiber and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 6. Bid-The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the work to be performed.

7 7. Bidding Documents-The bidding requirements and the proposed CONTRACT documents (including all addenda issued prior to receipt of bids). 8. Bidding Requirements-The advertisement or invitation to bid, instructions to bidders, bid security form, if any, and the bid form with any supplements. 9. Bonds-Bid performance and payment bonds and other instruments of security. 10. Change Order-A document recommended by the project engineer which is signed by the contractor and the owner authorizing an addition, deletion, or revision in the work or an adjustment in the CONTRACT price or the CONTRACT time, issued on or after the effective date of the agreement. 11. Claim-A demand or assertion by the owner or the contractor seeking an adjustment of CONTRACT price or CONTRACT time, or both, or other relief with respect to the TERMS of the CONTRACT . A demand for money or services by a third party is not a claim. 12.

8 CONTRACT -The entire and integrated written agreement between the owner and the contractor concerning the work. The CONTRACT supersedes prior negotiations, representations, or agreements, whether written or oral. -1- 13. CONTRACT Documents-The CONTRACT documents establish the rights and obligations of the parties and include the agreement, addenda (pertaining to the CONTRACT documents), contractor's bid (including documentation accompanying the bid and any post-bid documentation submitted prior to the notice of award) when attached as an exhibit to the agreement, the notice to proceed, the bonds, these GENERAL TERMS and conditions , the supplementary TERMS and conditions (if any), the specifications and the drawings as the same are more specifically identified in the agreement, together with all written amendments, change orders, work change directives, and field orders written issued on or after the effective date of the agreement.

9 Approved shop drawings and the reports and drawings of subsurface and physical conditions are not CONTRACT documents. Only printed or hard copies of the items listed in this paragraph are CONTRACT documents. Files in an electronic media format of text, data, graphics and the like may be furnished from time to time by Engineer to the contractor are not CONTRACT documents. 14. CONTRACT Price-The moneys payable by the owner to the contractor for completion of the work in accordance with the CONTRACT documents as stated in the agreement (subject to the provisions relating to unit price work, if applicable). 15. CONTRACT Time-The number of days or the dates stated in the agreement to: (i) achieve substantial completion; and (ii) complete the work so that it is ready for final payment pursuant to the engineer's written recommendation of final payment. 16. Contractor-The individual or business entity with whom the owner as entered into the agreement.

10 17. Cost of the work-See Article 7 of the Horry County Procurement Code and the Regulations promulgated thereunder. 18. Drawings-That part of the CONTRACT documents prepared or approved by the engineer that graphically shows the scope, extent, and character of the work to be performed by the contractor. Shop drawings and other contractor submittals are not drawings as defined herein. 19. Effective Date of the Agreement-The date indicated in the agreement on which it becomes effective, but if no such date is indicated, it means the date on which the agreement is signed and delivered by the last of the two parties to sign and deliver. 20. Engineer-Any individual or entity providing technical assistance or CONSTRUCTION - related services to the owner, including, but not limited to, engineering, architecture, landscaping, designing, consulting, CONSTRUCTION supervision or any other professional service for the project.