12-Exhibit L Special Conditions.pdf

Exhibit L. Special Conditions General Contract for Precinct 2 Justice Facility

1. The Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract Documents.

Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall if required, furnish satisfactory evidence as to the kind and quality of materials.

2. Right of Entry: Gregg County reserves the right to enter the property or location on which the work herein is contracted for by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as Gregg County may desire.

3. Equipment, Materials and Construction: Gregg County shall not be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. Contractor is not responsible for damage done by others after signoff.

4. Character of Workers: The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever Gregg County shall inform Contractor in writing that any workers on the job are, in Gregg County’s opinion, incompetent, unfaithful or disorderly, such workers shall be discharged from the work and shall not again be employed on the work without Gregg County’s written consent.

5. Protection Against Accident to Employees and the Public: The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices if necessary. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor.

6. Protection of Adjoining Property: The said Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless Gregg County against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract; but any such indemnity shall apply to any claim of any kind arising out of the existence or character of the work.

7. Payments Withheld: Gregg County may, on account of subsequently discovered evidence, withhold payment to such extent as may be necessary to protect itself from loss on account of:

(a) Defective work not remedied.

(b) Claims filed or reasonable evidence indicating probable filing of claims.

(c) Failure of the Contractor to make payments properly to subcontractors or for Material or labor.

(d) Damage to another contractor.

(e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount.

(f) Reasonable indication that the work will not be completed within the contract time.

8. Change Orders: Without invalidating this Agreement, Gregg County may, at any time or from time to time, order deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by Gregg County after formal approval of Gregg County. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time, which may result from the change.

9. Examination of Site of Project: Contractor shall make a careful examination of the site of the project, soil and water conditions to be encountered, improvements to be protected, disposal sites for surplus materials not designated to be salvaged materials, and methods of providing ingress and egress to private properties and of handling traffic during construction of the entire project. Others will not have access to door opening once removal has started.

10. Trade Names and Materials: Where materials or equipment are specified by a trade or brand name, it is not the intention of Gregg County to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality of performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent", "proper” or "equal to" are used, they shall be understood to mean the equivalent of, or equal to some other thing, in the opinion or judgment of Gregg County. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the materials, article or process specifically designated shall be used, unless a substitute shall be approved in writing by Gregg County, and Gregg County shall have the right to require the use of such specifically designated material, article or process.

11. Barricades, Lights, and Watchmen: Where the work is carried on in or adjacent to any street, alley or public place, the Contractor shall at his own cost and expense furnish and erect such barricades, fences, lights, and danger signals, shall provide such watchmen, and shall provide such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades shall be painted in a color that will be visible at night. From sunset to sunrise, the Contractor shall furnish and maintain at least one light at each barricade and sufficient number of barricades shall be erected to keep vehicles from being driven on or into any work under construction. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, lights, and watchmen to protect it, and whenever evidence is found of such damage, Gregg County may order the damaged portion immediately removed and replaced by the Contractor at its cost and expense. The Contractor’s responsibility for the maintenance of barricades, signs, and lights, and for providing watchmen shall not cease until the project shall have been accepted by Gregg County.

12. Restoration or Site & Cleanup: Upon completion of the project (or major portions thereof) the

Contractor shall restore the site to its original condition or better. Driveways and streets shall be compacted and resurfaced as originally found. All private property disrupted during construction including fences, patios, retaining walls, sidewalks, wooden decks, etc. shall be mended or repaired to their original condition. At the conclusion of the work, all tools, temporary structures and materials belonging to the Contractor shall be promptly removed, and all dirt, rubbish and other foreign substances shall be disposed of. The Contractor shall thoroughly clean all equipment and materials installed by and shall deliver over such materials and equipment in an undamaged, clean condition.

13. Safety: In accordance with generally accepted construction practices, the Contractor alone will be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. The duty of Gregg County to conduct construction review of the Contractor’s performance is not intended to include review of the adequacy of the Contractor’s safety measures, in, or on, or near the construction site.

14. Existing Utilities and Service Lines: The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by operations. Where existing utilities or service lines are cut, broken, or damaged, the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction, or better, at Contractor’s cost and expense.

15. Protection of Property: The Contractor shall, at no additional expense to Gregg County, protect by false work, braces, shoring or other property along the line of work or affected directly by Contractor work, against damage and shall repair the damages or repay the injured County if such damage occurs. The Contractor shall exercise care to protect from injury all water pipes, sanitary sewer pipes, gas mains, telephone cables, electric cables, service pipes, and other utilities or fixtures which may be encountered during the progress of the work. All utilities and other service facilities or fixtures if damaged, shall be repaired by the Contractor without additional compensation. Protection is Contractor’s responsibility and Contractor must satisfy as to the existence and location of all utilities and structures.

16. Contracts in Default: Gregg County may declare a contract in default for any one or more of the following reasons:

Failure to complete the work within the contract period or any extension thereof.

Failure or refusal to comply with an order of Gregg County within a reasonable time.

Failure or refusal to remove rejected materials.

Failure or refusal to perform anew any defective or unacceptable work.

Bankruptcy or insolvency, or the making of an assignment for the benefit of creditors.

Failure to provide a qualified superintendent, competent workmen or subcontractors to carry on the work in an acceptable manner or failure to prosecute the work according to the agreed schedule of completion.

Disregard or violation of any other important provisions of the Contract Documents as determined by Gregg County.

17. Indemnity: Contractor shall indemnify and hold Gregg County harmless from any and all damages, injuries, lawsuits, administrative actions and other claims whether such claims are based on contract, statute or common law theories of recovery. This indemnity and hold harmless provision applies to all acts of alleged negligence, gross negligence and intentional acts on the part of any party to this contract, any officers, contractors, employees, elected employees, appointed employees, volunteers or reserve officers.

18. Interpretation of Contract and Exhibit B: “Gregg County Standard Terms and Conditions” have traditionally been made part of every Gregg County Contract. To the extent that the “Gregg County Terms and Conditions” are found to be in direct conflict with any of the terms and conditions of this document, the terms of this document will control. Otherwise, the Parties agree that the this contract should be interpreted so that that the provisions of both documents supplement and support each other, with the greatest protections interpreted in favor of the County.