GENERAL_CONDITIONS_for_Public_Works-MR.docx

WINNEBAGO COUNTY

FACILITIES and PROPERTY MANAGEMENT DEPARTMENT

GENERAL CONDITIONS FOR PUBLIC WORKS

1. Definitions

1.1 The following terms used in these contract documents are respectfully defined as follows:

A. Contractor - The person, firm, or corporation to whom the within contract is awarded by the Owner and who is subject to the terms thereof.

B. Subcontractor - A person, firm, or corporation, other than a Contractor, supplying labor and materials or labor for work at the site of the Project.

C. Owner - Understood to mean the Winnebago County.

2. Contractor Relationships and Responsibilities

2.1 The Contractor agrees that they are an independent contractor with respect to the services provided pursuant to the Contract. Nothing in the Contract shall be considered to create the relationship of employer and employee between the parties.

2.2 PERSONNEL: A. The CONTRACTOR represents that it has or will secure, at its own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have a contractual relationship with the COUNTY. B. All of the services required hereunder will be performed by the CONTRACTOR or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services.

2.3. ASSIGNMENT: The CONTRACTOR shall not assign or transfer this Contract and shall not transfer any interest in it without the prior written consent of the COUNTY. Claims for money due or to become due to the CONTRACTOR from the COUNTY under this Contract may be assigned to a bank, trust company or other financial institution without COUNTY approval; however, notices of any such assignment or transfer shall be furnished promptly to the COUNTY.

2.4 SUBCONTRACTORS: Contractors must provide a list of Subcontractors that will be used for the project, if required. Subcontractors shall also be in compliance with these requirements, including but not limited to, the submittal of a Certificate of Insurance that meet the same requirement outlined for the Contractor. The CONTRACTOR shall not subcontract for the performance of any of the services herein set forth without prior written approval obtained from the COUNTY. If any work or service is subcontracted, it shall be specified by written contract or agreement and shall be subject to and controlled by each provision of this Contract. The CONTRACTOR shall be as fully responsible to the COUNTY for the acts and omissions of its subcontractors and or persons either directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by CONTRACTOR.

2.5 In the performance of work under this Contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, marital status, age, color, sex, handicap, national origin or ancestry, income level or source of income, arrest record or conviction record, less than honorable discharge, physical appearance, sexual orientation, gender identity, political beliefs or student status. Contractor further agrees not to discriminate against any subcontractor or person who offers to subcontract on this Contract because of race, religion, color, age, disability, sex, sexual orientation, gender identity or national origin.

3. Accident Prevention and Overall Safety

3.1 Contractors and their employees shall familiarize themselves and follow all Winnebago County safety policies as described in the Winnebago County Safety Manual on the county’s website at http://www.co.winnebago.wi.us/maintenance.

3.2 Precaution shall be exercised at all times for the protection of persons (including employees and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law.

3.3 Contractor shall have on site the safety equipment necessary to perform the work in a safe environment. This shall include, but not be limited to, shoring, ladders, safety vests, and hard hats. Contractor shall also have all the OSHA-required equipment for confined space entry in the event that one of his employees would need to enter a confined space as defined by OSHA

3.4 Contractor shall comply with the safety requirements in accordance with OSHA Standards and with any other applicable laws, ordinance, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss. He shall erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for its safety and protection.

3.5 The Contractor warrants to the Owner and Architect that no materials containing asbestos or polychlorinated biphenyl (PCB) will be permitted in the Project or under the contract. Each contractor shall furnish to the Owner and Architect a sworn affidavit stating that materials used under this contract did not contain asbestos or polychlorinated biphenyl (PCB) upon completion of the project.

4. Construction and Tree Preservation Policy

4.1 Contractors and their employees shall familiarize themselves and follow the Winnebago County Construction and Tree Preservation policy as described on the counties website at http://www.co.winnebago.wi.us/maintenance.

5. Owner or Designee Authority.

5.1 The Owner and his authorized representatives and agents shall be permitted to inspect all work, materials, payroll records, invoices for materials and other relevant data and records.

5.2 The Owner and his authorized representative shall have general supervision and direct all work. The Owner has authority to stop the work whenever such stoppage may be necessary to ensure proper execution of the contract. The Owner shall also have authority to reject all work and materials which do not conform to the contract, and to decide questions which arise in the execution of the work. It is further agreed by the parties hereto that the Owner and his authorized representative shall in cases determine the amount, quantities, or classifications of the several kinds of work or materials which are to be paid for under this contract. The Owner shall decide all questions which may arise relative to the performance of this contract. All decisions of the Owner and his authorized representative shall, when so requested, be rendered in writing. They shall be final and conclusive in all matters except the financial consideration involved. They shall be final also as to the financial conditions unless within ten days after such decision the Contractor applied in writing to the Owner for a review of such decision.

6. Construction Reports

6.1 The Contractor shall submit to the Owners schedule of costs and quantities of materials and of other items, which schedules shall be in such form and shall be supported as to correctness by such of the estimates upon which they are based as the Owner may require.

7. Payment

7.1 The Owner will make partial payment to the Contractor on the basis of a duly-certified and approved estimate of the work performed during the preceding calendar month by the Contractor, but the Owner will retain five percent (5%) of the amount of each such estimate until 50 percent (50%) completion. This amount shall be retained until acceptance of all work covered by this contract.

7.2 Winnebago County is a tax-exempt municipal corporation, under Wisconsin Statute 77.54 (9a). Under Act 126 signed into law on 12/16/15, effective 1/1/16 Contractors may purchase materials directly for this project without paying sales tax. It is expected that the Contractor will do so anytime the materials exceed $5000 from a single supplier.

8. Intent of the Contract Documents

8.1 The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. The intention of the Contract Documents are to include in the contract price the cost of all labor and materials, water, fuel, tools, equipment, light transportation, and all other expense as may be necessary for the proper execution of the work.

8.2 In interpreting the contract documents, words describing materials or work which has a well- known technical or trade meaning, unless otherwise specifically defined in the contract documents, shall be construed in accordance with such well-known meaning recognized by architects, engineers, and the trade.

8.3 The Contractor's submitted schedule of values shall include base bid items, accepted alternates and all overhead and profit. These items shall be listed separately. Contract contingency amounts and/or allowances shall be listed on their own separate lines.

8.4 The Application for Payment shall be submitted in triplicate, unless otherwise indicated in the Contract Documents. The form of Application for Payment shall be a notarized original AIA Document G702, Application and Certificate for Payment, supported by AIA Document G703, Continuation Sheet. Copies may be made of completed Documents, but use of illegal photocopies of AIA Documents shall be cause for rejection of the Application.

9. Specifications

9.1 The work shall be executed in strict conformity with the plans and specifications.

9.2 Specifications are organized into Divisions and Sections to facilitate presentation of the information in a systematic manner, based on Industry standards (CSI Masterformat).

Such separation shall not operate to make the Architect an arbiter to establish limits of subcontracts between Contractor and Subcontractor, nor shall these separations in any way indicate that the Architect has established that responsibility for any portion of the work is assigned to a particular trade or subcontractor.

9.3 Trade, brand or manufacturer's names when specified or noted are used to establish a standard of quality, durability, appearance and efficiency. Substitutions may be made only with prior approval from the Owner and only for reasons that original materials cannot be supplied due to conditions beyond control of the Contractor, or because delivery cannot be made in time to be incorporated into progress of work.

9.4 Such substitutions shall be made only after bona fide quotations and delivery schedule for both original item and substitute material is ordered. Contractor shall supply for Architect's consideration samples, product data, and exact amount of credit or extra costs involved in proposed substitution if accepted.

9.5 Specifications are in abbreviated form and may include incomplete sentences.Omissions of words or phrases such as "The Contractor shall", "in conformity therewith", "shall be", "as noted on the drawings", and "an" are intentional. Supply omitted words or phrases by reference.

10. Drawings

10.1 Unless otherwise provided in the contract documents, the Owner will furnish the Contractor free of charge all copies of drawings and specifications reasonably necessary to carry out the work. Where project drawings aren’t required the Owner will provide access to all existing building drawings

10.2 In the case of an inconsistency between Drawings and Specifications or within either Document not clarified by addendum, the better quality or greater quantity of Work shall be provided in accordance with the Architect's interpretation.

10.3 THE DRAWINGS, SPECIFICATIONS, AND OTHER DOCUMENTS, INCLUDING THOSE IN ELECTRONIC FORM, PREPARED BY THE ARCHITECT AND THE ARCHITECT’S CONSULTANTS ARE INSTRUMENTS OF SERVICE THROUGH WHICH THE WORK TO BE EXECUTED BY THE CONTRACTOR IS DESCRIBED. THE OWNER SHALL OWN ALL DOCUMENTS, DRAWINGS AND SPECIFICATIONS PREPARED PURSUANT TO THIS AGREEMENT. ARCHITECT AND/OR CONTRACTOR MAY RETAIN COPIES OF ALL DRAWINGS, DOCUMENTS AND SPECIFICATIONS FOR ITS OWN RECORDS. SHOULD OWNER UTILIZE ANY DOCUMENTS, DRAWINGS AND SPECIFICATIONS FROM THIS PROJECT FOR USES NOT ASSOCIATED WITH THIS PROJECT, OWNER AGREES TO HOLD ARCHITECT HARMLESS AND INDEMNIFY THE ARCHITECT AND/OR CONTRACTOR FROM ANY LIABILITY ASSOCIATED THEREWITH. THE CONTRACTOR, SUBCONTRACTORS, SUB-SUBCONTRACTORS AND MATERIAL OR EQUIPMENT SUPPLIERS ARE AUTHORIZED TO USE AND REPRODUCE APPLICABLE PORTIONS OF THE DRAWINGS, SPECIFICATIONS, AND OTHER DOCUMENTS PREPARED BY THE ARCHITECT AND THE ARCHITECT’S CONSULTANTS APPROPRIATE TO AND FOR USE IN THE EXECUTION OF THEIR WORK UNDER THE CONTRACT DOCUMENTS.

10.4 The Architect may, with the concurrence of the Owner, furnish to the Contractor versions of Instruments of Service in electronic form. The Contract Documents executed or identified in accordance with Section 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through electronic means involving computers. (What is section 1.5.1??)

10.6 Drawings are organized by design discipline. The Contractor and Sub-Contractors are required to review the entire set of Documents to ascertain the full extent of the work required to complete the Project. The presentation of information and organization of the Drawings shall not serve to make the Architect an arbiter to establish limits of subcontracts between Contractor and Subcontractor, nor shall these separations in any way indicate that the Architect has established that responsibility for any portion of the work is assigned to a particular trade or subcontractor.

11. Shop Drawings

11.1 The Contractor shall submit to the Owner or designee all shop or setting drawings and schedules required for the work. The Contractor shall make any corrections in the drawings required by the Architect, and resubmit same without delay.

11.2 The Contractor shall keep at the site an approved or confirmed copy of the drawings and specifications, and shall at all times give the Owner or designee access thereto. In case of difference between the drawings and specifications, the specifications shall govern.

11.3 Shop Drawings, Product Data, Samples and other similar submittals which, by their markings and notations placed on them by the Contractor, do not graphically demonstrate his/her understanding of the elements or materials inclusion into the Work shall be returned without action or further comment.

12. Permits, Surveys, and Compliance with Laws

12.1 The Contractor shall pay for all permits and licenses necessary for the prosecution of the work unless otherwise specifically provided.

12.2 The Contractor shall file all notices, pay all fees, and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the work.

13. Contract Security

13.1 Payment and Performance Bonds do apply

14. Wage Rates

14.1 Prevailing wage rates do not apply

15. Preconstruction Conference or Requirements

15.1 A preconstruction conference may be held after the time of the contract award and before the notice to proceed to discuss the responsibility of each party in the project and to clarify any questions.

15.2 Contractor is to notify the Winnebago County Facilities and Property Management Department (920-236-4788) in advance. Date of commencement of work must be pre- approved.

15.3 The Contractor shall completely review the Contract Documents for errors, omissions or inconsistencies no later than 15 days prior to the commencement of Work or 3 days prior to the Pre-Construction meeting and submit written requests for clarification.

15.4 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, no later than 24 hours after the receipt of notice of contract award, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work.

16. Materials and Workmanship

16.1 Unless otherwise stipulated in the specifications, all equipment, materials, and articles incorporated in the work covered by this contract are to be new and of the best grade of their respective kinds for the purpose. The Contractor shall, if required, furnish to the Owner or designee for his approval the name of the manufacturer of machinery, mechanical and other equipment which he contemplates installing, together with their performance capacities and other pertinent information.

16.2 All work to be done on this project shall be accomplished in a thorough, substantial and workmanlike manner.

16.3 Contractor represents and warrants that the goods or services furnished hereunder, including all labels, packages, and container for said goods, comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State and local laws, rules and regulations as applicable, including the Occupational Safety and Health Act (OSHA), as amended, with respect to design, manufacture or use for their intended purpose of said goods or services. Seller shall furnish Material Safety Data Sheets (MSDS) whenever applicable.

16.4 Warranty shall be standard. Contractor shall provide a written statement detailing warranty coverage and procedures.

16.5 Neither the Contractor nor subcontractor shall provide any equipment or material, which contain asbestos or any other hazardous material.

16.6 All manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accord with their manufacturer's printed directions unless specified otherwise. Where reference is made to manufacturer's directions, Contractor shall submit specified number of copies of such directions to Architect. Operating and Maintenance instructions for all equipment and materials shall be bound together in complete sets and three copies delivered to Architect prior to final payment.

17. Performance

17.1 Lists: Contractor shall furnish a list of names of all employees assigned to this project.

17.2 Check-in: All Contractors’ employees assigned to this project shall check in on a daily basis with the assigned Winnebago County Facilities and Property Management Department representative prior to commencing any work. A Contractor's supervisor must accompany the crew assigned to this project.

17.3 Eating, smoking and drinking: Contractor's personnel are not to be permitted to eat or drink in private offices or at employees' desks, but shall be confined to designated areas. Any litter created by Contractor's personnel taking breaks shall be cleaned up by them before they leave the area. Smoking is not allowed on the site.

17.4 Intoxicants and Disorderly Conduct: Contractor's personnel shall not be permitted to bring intoxicating beverages or illegal substances into the building or during the work shift. Prevention of drunkenness, practical jokes or any forms of loud or disorderly conduct shall be strictly policed and shall be the responsibility of the crew supervisor.

17.5 Use of Telephone: Office telephones shall not be used by Contractor's employees for personal calls. Supervisors may use the telephone for emergencies. Long distance calls shall not be permitted on an office telephone for business or any other reason. Such calls shall be made only on the public pay phones.

17.6 Off-Limits Areas: Contractor's personnel shall not be permitted in any area outside of the work limits covered by the contract. Violation of this provision shall be cause for employee discharge from the work and/or termination of the contract.

17.7 Weapons: Contractor shall prohibit, and shall require its subcontractors to prohibit, its employees from carrying weapons, including concealed weapons, in the course of performance of work under this Contract, other than while at the Contractor’s or subcontractor’s own business premises. This requirement shall apply to vehicles used at any County work site and vehicles used to perform any work under this Contract, except vehicles that are an employee’s “own motor vehicle” pursuant to Wis. Stat. sec. 175.60(15m).

17.8 All work to be done on this project shall be accomplished in a thorough, substantial and workman like manner. The Contractor should be in the business and regularly engaged in the type of construction as outlined in the Contract Documents and as specified herein for a minimum period of five (5) years and be properly licensed in the jurisdiction where the Project is constructed.

17.9 Except with the consent of the Owner, the Architect will perform no more than two (2) final observation(s) to determine whether the Work or a designated portion thereof has attained Substantial Completion in accordance with the Contract Documents. The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect for any additional observations.

17.10 Except with the consent of the Owner, the Architect will perform no more than one attempt(s) to determine whether the Work or a designated portion thereof has attained Final Completion in accordance with the Contract Documents. The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect for any additional observations.

18. Protection of Work

18.1 The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the Owner's and adjacent property from injury arising in connection with his work.

18.2 Contractor shall be responsible for any damages incurred to the building and other equipment as result of his actions, acts of his employees and subcontractor(s) or the inactions of those persons

19. Use of Job Site

19.1 The Contractor shall confine his equipment, apparatus, the storage of materials, and operations of his workmen to limits indicated by law, ordinances, permits, or directions of the Owner and shall not encumber the premises with his materials.

19.2 The Contractor shall not load or permit any part of the structure to be loaded with a weight that will endanger its safety. The Contractor shall enforce the Owner or Owner's authorized representative instructions regarding signs, advertisements, fires, and smoke.

19.3 The Contractor shall abide by the rules of the Owner regarding the use of the premises and will confine activities to the areas designated.

20. Cutting and Patching

20.1 The Contractor shall do all cutting or fitting of the work as required to make its several parts fit together, or to receive the work of others, as shown or reasonably implied by the Specifications or Drawings, or as may be directed by the Owner. Holes cut in exterior walls shall be waterproofed.

20.2 The Contractor who cuts shall also be responsible for patching. Where cutting and patching is required, the Contractor shall hire individuals skilled in such work to do cutting and patching.

20.3 Contractor shall not endanger any work by cutting, digging, or otherwise and shall not cut or alter the work of others without their consent.

20.4 Wherever any material, finish, or equipment is damaged, the repair or replacement shall be accomplished by the Trade skilled in that particular work and the cost shall be charged to the party responsible for the damage.

21. Royalty and Patents

21.1 The Contractor shall pay for all royalties and patents, and shall defend all suits or claims for infringement on any patent right, and shall save the Owner harmless from loss on account thereof. The Owner shall pay for any license fees or royalties for processes.

22. Superintendence

22.1 The Contractor shall give his personal superintendence to the work or have at the site of the work at all times a competent foreman, superintendent, or other representative satisfactory to the Architect and having authority to act for the Contractor.

22.2 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the project site during the performance of the Work until substantial completion, and for such additional time thereafter as the Architect may determine to be necessary for the expeditious completion of the Work. The Contractor shall not reassign or remove the superintendent to other projects prior to Substantial Completion. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The Contractor shall remove the superintendent if requested to do so in writing by the Owner, and shall promptly replace him with a competent person reasonably acceptable to the Owner.

23. Inspection

23.1 The Owner or designee shall at all times have access to the work wherever it is in preparation or in progress, and the contractor shall provide proper facilities for such access and for inspection.

23.2 The Owner or designee shall have the right to reject materials and workmanship that are defective, or require their correction. Rejected workmanship shall be satisfactorily corrected, and rejected materials shall be removed from the premises without charge to the Owner. If the Contractor does not correct such condemned work and remove rejected materials within a reasonable time, fixed by written notice, the Owner may remove them and charge the expense to the Contractor.

23.3 Should it be considered necessary or advisable by the Owner at any time before final acceptance of the entire work to make an examination of work already completed, by removing or tearing out same, the Contractor shall, on request, promptly furnish all necessary facilities, labor, and material. If such work is found to be defective in any material respect, due to fault of the Contractor or his Subcontractors, he shall defray all the expense of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the contract, the actual cost of labor and material necessarily involved in the examination and replacement, plus 15 percent (15%), shall be allowed the Contractor.

24. The Owner's Right to Terminate Contract

24.1 If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner its obligations under this Agreement or, if, the CONTRACTOR shall violate any of the covenants or stipulations of this Agreement, the COUNTY shall thereupon have the right to terminate this Agreement by giving a thirty (30) day written notice to the CONTRACTOR of such termination, and shall specify the effective date thereof. There shall be no other termination or cancelation of this Agreement during its term, without the prior written consent of both parties unless specifically permitted otherwise by the bid specifications, RFP, or Schedule A. Where the contract has been terminated by the Owner, said termination shall not affect or terminate any of the rights of the Owner as against the Contractor or his surety than existing or which may thereafter occur because of such default. Any retention of payment of moneys by the Owner due to the Contractor under the terms of the contract shall not release the Contractor or his Surety from liability for his default.

25. Extra, Addition or Omitted Work Program

25.1 The Owner, upon proper action by its governing body, may authorize changes in, additions to, or deductions from the work to be performed, or the materials to be furnished pursuant to the provisions of the Contract Documents.

25.2 All changes that are mutually agreed upon by and between the COUNTY and the CONTRACTOR, including any increase or decrease in the amount of the CONTRACTOR’S compensation, shall be in writing and designated as written amendments to the Contract.

25.3 Adjustments, if any, in the amounts to be paid to the Contractor by reason of any such change, addition, or deduction, shall be determined by one or more of the following methods:

A. By unit price contained in the Contractor's original bid and incorporated in the construction contract.

B. By a supplemental schedule of prices contained in the Contractor's original bid and incorporated in the construction contract.

C. By an acceptable lump sum proposal from the Contractor.

D. On a cost-plus-limited basis not to exceed a specified limit. A cost-plus-limited basis is defined as the cost of labor, materials, and insurance, plus 15 percent (15%) of the said cost to cover superintendence, general expense, and profit.

25.4 No claim for an addition to the contract sum shall be valid unless authorized as aforesaid.

26. Claims

26.1 Before the final settlement will be made, the Contractor may be required to furnish the Owner with lien wavers for labor and materials used at any time during the project, as well as at completion of the project giving the Owner satisfactory evidence that all persons who have been employed upon the work, or who have furnished materials for the work under his contract and according to these specifications, or have furnished insurance or contributions for unemployment compensation, and may have been entitled to a lien, have been fully settled with and are no longer entitled to a lien. In case such evidence is not furnished, then the Owner may retain from all moneys due to the Contractor and in possession of the Owner such an amount as they may deem necessary to meet all lawful claims due the above- mentioned parties until such claims are fully discharged, and the evidence thereof furnished to the Owner.

26.2 The Contract shall be governed by the laws of the State of Wisconsin. Venue of any legal action commenced in relationship to this agreement shall be the Circuit Court for Winnebago County, Wisconsin

27. Deduction for Uncorrected Work

27.1 If the Owner or designee deems it expedient to correct work injured or not done in accordance with the contract, the difference in value, together with a fair allowance for the damages, shall be deducted.

28. Correction of Work after Final Payment

28.1 Neither the final payment nor any provision in the contract documents shall relieve the Contractor of the responsibility for negligence or faulty materials or workmanship within the extent and period provided by law and, upon written notice, he shall remove any defects due thereto and pay for any damage due to other work resulting therefrom, which shall appear within one year after day of completion and acceptance.

29. Owner's Right to Do Work

29.1 If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract, the Owner, after three days' written notice to the Contractor and his Surety, may, without prejudice to any other remedy he may have, make good such deficiencies and deduct the cost thereof from the payment due the Contractor.

30. Other Contracts

30.1 The Owner may award other contracts for additional work, and the Contractor shall fully cooperate with such other Contractors and carefully fit his own work to that provided under other contracts as may be directed by the Owner. The Contractor shall not commit or permit any act which will interfere with the performance or work by any other Contractor.

31. Delays

31.1 If the Contractor is delayed in the completion of the work by act or neglect of the Owner or Owner's representative or by any other Contractor employed by the Owner, or by causes beyond the Contractor's control, including strikes, lockouts, fire, or unavoidable casualties, then the time of completion will be extended for such reasonable time as may be agreed upon by the Owner and Contractor after notice in writing to the Owner of the cause of such delay. Such notice must be given by the Contractor to the Owner or designee within five days following the beginning of such delay.

31.2 In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1,000.00) for each and every calendar day following the end of the Contractor Time until Substantial Completion is achieved. However, the Contractor shall not be liable for liquidated damages for a day, or days, of excusable delay occurring during such period following the end of the Contract Time.

32. Unforeseen Difficulties

32.1 The Contractor agrees that he will sustain all losses or damages arising from the action of the elements, the nature of the work to be done under these specifications, or from any unusual or unforeseen obstructions or difficulties which may be encountered in the prosecution of the work, or from any casualty whatever of every description.

33. Cleaning Up and Debris Disposal

33.1 The Contractor shall at all times keep the premises free from accumulations of caused by his employees or work, and at the completion of the work he shall dispose of all his rubbish from and about the premises and all his tools, equipment, scaffolding, and surplus materials and shall leave his work site clean and ready for use. In case of dispute, the Owner may remove the rubbish and surplus materials and charge the cost to the several Contractors in proportion to the amounts as shall be determined to be just.

33.2 Contractor shall take the necessary precautions to prevent dust from traveling to surrounding work areas.

33.3 Contractors will be required to comply with Winnebago County Resolution #251-693, which requires all departments, commissions, contractors, sub-contractors and boards of Winnebago County to utilize the Winnebago County Solid Waste facilities for solid waste disposal. Contractors shall be aware that, upon request, scale tickets must be provided.

34. Final Completion

34.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract, and .2 a final Certificate for Payment has been issued by the Architect, and .3 the Contractor’s Release and Waiver of Lien has been received, and .4 the final waivers from the Contractor’s subcontractors, suppliers and vendors are submitted to the Architect, and .5 if applicable, Contractor affidavit of compliance with prevailing wage rate determination has been received.

34.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment. Final payment does not relieve Contractor of its obligation to correct non-conforming Work or to satisfy any requirement which survives final payment

END OF SECTION

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