General Contractor Agreement {SAG-502}

General Contractor Agreement THIS AGREEMENT, made in two (2) copies, each of which shall be deemed original, and entered into as of the date hereinafter affixed, by and between (insert name),having it?s business address at, (insert address) hereinafter called the Owner, and (insert the name), having it?s business address at (insert the address) hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this Agreement, the parties hereto covenant and agree as follows: 1. The Contractor shall do all work and furnish all tools, materials and equipment for the in (describe the work to be done) in accordance with and as described in the attached proposal and/or plans and specifications for the amount bid, which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof. 2. The Contractor shall file the appropriate notices and obtain the appropriate permits upon the award of this contract. All work associated with this contract shall be completed by (insert the date). 3. In the event the Contractor shall fail to complete the work within the time limit or the extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of $ (insert the amount) per calendar day. Sundays and legal holidays shall be included in determining each day for purpose of calculating liquidated damages. 4. The Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for completing the work provided for in this contract and every part thereof and shall guarantee said materials and work for a period of one year after completion of this contract, except as may be modified by the plans, specifications and/or contract documents. 5. The Owner, hereby promises and agrees with the Contractor to retain the Contractor to provide the materials and to perform the above-described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of process bid and hereto attached, at the time and in the manner and upon the conditions provided for in this contract. 6. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants contained herein. 7. Insurance A. General The Contractor shall provide (from insurance companies acceptable to the Owner) the insurance coverage designated hereinafter and pay all costs. Before commencing work under this Contract, Contractor shall furnish the Owner with certificates of insurance specified herein showing the type, amount, class of operations covered, effective dates, and date of expiration of polices, and containing substantially the following statement: ?The insurance covered by this certificate shall not be canceled or materially altered.? In case of the breach of any provisions of this Article, the Owner, at his option, may take out and maintain, at the expense of the Contractor, such insurance as the Owner may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Contract. B. Contractor And Subcontractor Insurance The Contractor shall not commence work under this Contract until he has obtained all the insurance required hereunder and such insurance has been reviewed by the Owner, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until insurance specified below has been obtained. Review of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder. Contractor shall include all Subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractor shall be subject to all of the requirements stated herein. C. Compensation And Employer?s Liability Insurance The Contractor shall maintain during the life of this Contract the statutory amount of Workmen?s Compensation Insurance, in addition, Employer?s Liability Insurance in an amount as specified in the Supplementary conditions, for each occurrence, for all of his employees to be engaged in work on the project under this Contract. In case any such work is subcontracted, the Contractor shall require the Subcontractor to provide similar Workmen?s Compensation and Employer?s Liability Insurance for all of the Subcontractor?s employees to be engaged in such work. D. General Liability Insurance (Including Automobile) The Contractor shall maintain during the life of this Contract such general liability, completed operations and products liability, and automobile liability insurance as will provide coverage for claims for damages for personal injury, including accident death, as well as for claims for property damage, which may arise directly or indirectly from performance of the work under this Contract. The general liability policy shall include contractual liability assumed by the Contractor under Article INDEMNITY. Coverage for property damage shall be on a ?broad form? basis with no exclusions for ?X, C & U?. The amount of insurance to be provided shall be as follows: General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage and $2,000,000 aggregate. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. In the event any work under this Contract is performed by a Subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed by the Subcontractor, to the extent such liability is not covered by the Subcontractor?s insurance. The Owner, its officers, agents, and employees shall be named as Additional Insured on the Contractor?s and any Subcontractor?s general liability and automobile liability insurance policies for any claims arising out of work performed under this Contract. E. No Personal Liability In carrying out any of the provisions hereof in exercising any authority granted by the Contract, there will be no personal liability upon Owner. 8. To the maximum extent permitted by law, the Contractor shall hold harmless, indemnify and defend the Owner, and its officers, employees, agents and sub consultants from all claims and losses, including attorney?s fees and litigation costs, arriving out of or resulting from performance of the work contemplated by this agreement and regardless of whether the claims or losses arise from the act or omission of the Contractor or one of its subcontractors or their officers, employees or agents. In the event that any party deems it necessary to institute legal action or proceedings to enforce any right of the obligation under this Contract, the parties hereto agree that any such action or proceedings shall be brought in a court of competent jurisdiction situated in (insert name). No liability shall attach to the Owner or the Contractor by reason of entering into Contract except as expressly provided herein. 9. Taxes and Charges The Contractor shall withhold and pay any and all sales and use taxes and all withholding taxes, whether State or Federal, and pay all Social Security charges and also all State Unemployment Compensation charges, and pay or cause to be withheld, as the case may be, any and all taxes, charges, or fees or sums whatsoever, which are now or may hereafter be required to be paid or withheld under any laws. 10. Codes, Ordinances, Permits, and Licenses The Contractor shall keep himself fully informed of all local codes and ordinances, as well as state and federal laws, which in any manner affect the work herein specified. The Contractor shall, at all times, comply with said codes and ordinances, laws, and