Contract Terms and Conditions

Terms and Conditions of General Construction Contract

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.

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. 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.

12. Contract—The entire and integrated written agreement between the owner and the contractor concerning the work.

13. Contract Documents—The contract documents establish the rights and obligations of the parties and include the agreement, addenda, contractor’s bid, notice to proceed, bonds, general terms and conditions, supplementary terms and conditions, specifications, and drawings.

Section II. PRELIMINARY MATTERS

A. Delivery of Bonds—When the contractor delivers the executed agreements to Horry County, the contractor shall also deliver to the owner such bonds as the contractor shall be required to furnish.

B. Copies of Documents—The owner shall furnish to the contractor up to ten copies (10) of the contract documents.

C. Commencement of Contract Time; Notice to Proceed—The contract time will commence to run on the thirtieth (30th) day after the effective date of the agreement or, if a notice to proceed is given, on the day indicated in the notice to proceed.

Project Information

Section III. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

A. Intent—It is the intent of the contract documents to describe a functionally complete project to be constructed in accordance with the contract documents.

B. Reference Standards—Reference to standards, specifications, manuals, codes, laws, or regulations shall mean the standard in effect at the time of opening of bids.

Section IV. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS

A. Availability of Lands—The owner shall furnish the site.

B. Subsurface and Physical Conditions—Reports and drawings identify subsurface conditions and existing structures.

C. Differing Subsurface or Physical Conditions—The contractor shall notify the owner and engineer in writing within twenty-four hours after becoming aware of differing conditions.

D. Underground Facilities—The contractor shall be responsible for locating and protecting underground facilities.

E. Reference Points—The owner shall provide reference points necessary to enable the contractor to proceed with the work.

F. Hazardous Environmental Conditions at Site—The contractor shall notify the owner and engineer immediately if hazardous environmental conditions are encountered.

Section V. BONDS AND INSURANCE

A. Performance, Payment and Other Bonds—The contractor shall furnish performance and payment bonds.

B. Licensed Sureties and Insurers—All bonds and insurance required shall be purchased and maintained by the contractor.

C. Certificates of Insurance—The contractor shall deliver certificates of insurance to the owner.

D. Contractor’s Liability Insurance—The contractor shall purchase and maintain liability insurance appropriate for the work.

Insurance Coverage Checklist

Workers’ compensation

Employee bodily injury coverage

Personal injury liability coverage

Builder risk insurance

Completed operations insurance

Section VI. CONTRACTOR’S RESPONSIBILITIES

A. Supervision and Superintendence—The contractor shall supervise, inspect, and direct the work competently and efficiently.

B. Labor; Working Hours—All work at the site shall be performed during regular working hours unless otherwise consented to in writing.

C. Services, Materials, and Equipment—The contractor shall provide all services, materials, equipment, and incidentals necessary for the work.

Contact Person / Superintendent:

Phone:

Email:

Section VII. OTHER WORK

A. Related or Unrelated Work at Site—The owner may perform other work related or unrelated to the project at the site.

B. Coordination—Horry County shall have sole authority and responsibility for coordination unless otherwise provided.

Section VIII. OWNER’S RESPONSIBILITIES

A. Communications to Contractor—Except as otherwise provided, the owner shall issue communications through the engineer.

B. Furnishing Data—The owner shall promptly furnish the data required under the contract documents.

C. Prompt Payment—The owner shall make payments promptly when due.

Section IX. ENGINEER’S STATUS DURING CONSTRUCTION

A. The owner’s Representative—The engineer will be the owner’s representative during construction.

B. Site Visits by Engineer—The engineer will make site visits at regular intervals appropriate to the stages of construction.

Engineer Name:

Engineering Firm:

Section X. CHANGES IN THE WORK; CLAIMS

A. Authorized Changes in the Work—The owner may order additions, deletions, or revisions in the work by written amendment, change order, or work change directive.

Change Order Reference:

Section XI. COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK

A. Cost of the Work—All costs shall be computed pursuant to the Horry County Procurement Code.

Section XII. CHANGES TO CONTRACT PRICE; CHANGES TO CONTRACT TIME

A. Change of Contract Price—The contract price may only be changed by change order or written amendment.

B. Change of Contract Time—The contract time may only be changed by change order or written amendment.

Requested Time Extension (Days):

Section XIII. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

A. Notice of Defects—Prompt notice of defective work will be given to the contractor.

B. Access to Work—The owner, engineer, consultants, and governmental agencies will have access to the site and the work.

Inspection Notes:

Section XIV. PAYMENTS TO CONTRACTOR AND COMPLETION

A. Schedule of Values—The schedule of values will serve as the basis for progress payments.

B. Progress Payments—Applications for payment shall be submitted as required.

Contract Price:

Retainage (%):

Date of Substantial Completion:

Final Completion Date:

Section XV. SUSPENSION OF WORK AND TERMINATION

A. The owner may Suspend Work—At any time and without cause, the owner may suspend the work or any portion thereof.

B. The owner may Terminate For Cause—Events may justify termination for cause.

C. The owner may Terminate for Convenience—The owner may, without cause, elect to terminate the contract.

Section XVI. DISPUTE RESOLUTION

A. In General—Dispute resolution procedures are set forth in the Horry County Procurement Code.

Dispute Description:

Section XVII. MISCELLANEOUS

A. Giving Notice—Whenever any provision requires written notice, it will be deemed validly given if delivered in person or by registered/certified mail.

B. Computation of Time—Time periods exclude the first day and include the last day, subject to legal holidays.

C. Cumulative Remedies—The duties and obligations imposed by these general conditions are in addition to other rights and remedies.

D. Survival of Obligations—Representations, indemnifications, warranties, and guarantees survive final payment and completion.

E. Controlling Law and Venue—This contract is governed by the laws of the State of South Carolina.