• Maintenance and Auditing of Contractor’s Records: The Contractor shall prepare and maintain project records as required by the District, acceptable accounting standards, and applicable laws for a period of three (3) consecutive years following completion of the project as evidenced by the date of final payment to the Contractor. The District, the Office of General Services of the State of South Carolina, and any auditor under contract with the District has the right to audit the Contractor’s records related to the Contract at any time. The Contractor shall ensure all records are available for inspection at the location specified by the District within seventy-two (72) hours of notice by the District at no additional cost to the District. This requirement shall survive termination or completion of the contract. • Independent Contractor Status: The Contractor shall be legally considered an independent contractor and neither the Contractor nor any subcontractor or supplier shall, under any circumstances, be considered employees, representatives, or agents of Horry County Schools. • Professional Certifications: When professional certification of performance criteria for materials, systems, or equipment is required, the District shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. • Contractor’s Quality Control Program: The Contractor shall institute and maintain throughout the contract term a quality control program, designed to ensure the work performed is in accordance with the Manufacture recommendation and industry standards, including any changes, at all times and in all respects. The program shall include providing daily supervision and conducting frequent inspections by the Worksite Superintendent(s). • Cutting and Patching: The Contractor and separate contractors shall a) be responsible for cutting, fitting, or patching required to complete the work to make its parts fit together properly with other construction or with existing structures; b) not damage or endanger a portion of the work or any portion of present or completed construction of another entity by cutting, patching, or otherwise altering such construction or structures or by excavation; and c) not cut or otherwise alter such construction or structures of another entity without consent, and such consent shall not be unreasonably withheld. • Provision of Materials and Equipment: The Contractor shall provide and pay for all materials, equipment, tools, construction equipment and machinery, water, heat, utilities, sanitation, transportation, waste disposal and other facilities, sales tax, shipping and handling, and any other goods or services necessary for proper execution and completion of the work, whether temporary or permanent. • Materials Conformance: By execution of the Contract, the Contractor warrants to the District that the materials and equipment to be incorporated into the work shall be of good quality, undamaged, and new (not used or remanufactured unless otherwise required or permitted by The District); and are to be free from defects (excluding latent defects. Materials and equipment not conforming, including substitutions not properly pre-approved and authorized by the District, shall be considered defective. Such non-conforming materials or equipment shall be replaced by the Contractor at no additional cost to the District and no extension of contract time. The Contractor warrants the Worksite Superintendent(s) shall inspect and perform random testing of all materials and equipment to ensure quality and conformance in accordance to the manufacture recommendations and industry standards. The Contractor must also not allow use of: a) asbestos containing products, temporary or permanent, even if they are non-friable, contain only minimal amounts of asbestos, and can be legally installed; and b) lead materials in paints or public water applications. “Lead-free” solder, flux, and pipe containing less than two-tenths of one percent (0.2%) lead and valves, pipes and appurtenances containing less than eight percent (8.0%) lead shall be used in all public drinking water applications as outlined in the 1986 amendments to the Safe Drinking Water Act. • Worksite Communications: The Project Manager and Worksite Superintendent(s) are representatives of the Contractor and communications given to them, either orally or in writing, shall be as binding as if given to the Principal of the Contractor. • Worksite Clean-Up: The worksite premises shall be maintained in a neat and orderly condition and kept free of accumulations of refuse materials and debris during the entire performance of the work. The Worksite Superintendent shall ensure all refuse materials and debris are deposited in commercial refuse containers at the end of each working day and removed from the worksite at least weekly or at such intervals necessary to prevent overflow. It is the sole responsibility of the Contractor to arrange for legal removal and disposal of all refuse materials or debris at no additional cost to the District. At completion of the project, portable sanitary or other temporary facilities, construction refuse containers, debris, and all Contractor/subcontractor tools, equipment, machinery, surplus materials, or other such items shall be removed from the worksite. If the Contractor fails to clean up the worksite at least weekly or at such times as the District feels appropriate for safety or other reasons or at the completion of the work, the District may provide for cleanup and disposal, and deduct such costs from the Contractor’s payment.
