Okaloosa County BOCC — March 4, 2014 — Repair & Paint Countryview & Bluewater Tanks — reading text

after final payment pursuant to writing of such failure to purchase prior to the start of the paragraph 14.07. Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right C. Any insurance policy maintained by OWNER or remedy, the other party may elect to obtain equivalent covering any loss, damage or consequential loss referred to Bonds or insurance to protect such other party's interests at in paragraph 5.07.B shall contain provisions to the effect the expense of the party who was required to provide such that in the event of payment of any such loss, damage, or coverage, and a Change Order shall be issued to adjust the consequential loss, the insurers will have no rights of Contract Price accordingly. recovery against CONTRACTOR, Subcontractors, ENGINEER, or ENGINEER’s Consultants and the 5.10 Partial Utilization, Acknowledgment of Property officers, directors, partners, employees, agents, and other Insurer consultants and subcontractors of each and any of them. A. If OWNER finds it necessary to occupy or use a 5.08 Receipt and Application of Insurance Proceeds portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, A. Any insured loss under the policies of insurance no such use or occupancy shall commence before the required by paragraph 5.06 will be adjusted with OWNER insurers providing the property insurance pursuant to and made payable to OWNER as fiduciary for the insureds, paragraph 5.06 have acknowledged notice thereof and in as their interests may appear, subject to the requirements of writing effected any changes in coverage necessitated any applicable mortgage clause and of paragraph 5.08.B. thereby. The insurers providing the property insurance OWNER shall deposit in a separate account any money so shall consent by endorsement on the policy or policies, but received and shall distribute it in accordance with such the property insurance shall not be canceled or permitted to agreement as the parties in interest may reach. If no other lapse on account of any such partial use or occupancy. special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES by an appropriate Change Order or Written Amendment. ______________________________________________ General Conditions Page 00700-18 6.01 Supervision and Superintendence B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of A. CONTRACTOR shall supervise, inspect, and good quality and new, except as otherwise provided in the direct the Work competently and efficiently, devoting such Contract Documents. All warranties and guarantees attention thereto and applying such skills and expertise as specifically called for by the Specifications shall expressly may be necessary to perform the Work in accordance with run to the benefit of OWNER. If required by ENGINEER, the Contract Documents. CONTRACTOR shall be solely CONTRACTOR shall furnish satisfactory evidence responsible for the means, methods, techniques, sequences, (including reports of required tests) as to the source, kind, and procedures of construction, but CONTRACTOR shall and quality of materials and equipment. All materials and not be responsible for the negligence of OWNER or equipment shall be stored, applied, installed, connected, ENGINEER in the design or specification of a specific erected, protected, used, cleaned, and conditioned in means, method, technique, sequence, or procedure of accordance with instructions of the applicable Supplier, construction which is shown or indicated in and expressly except as otherwise may be provided in the Contract Docu- required by the Contract Documents. CONTRACTOR ments. shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.04 Progress Schedule B. At all times during the progress of the Work, A. CONTRACTOR shall adhere to the progress CONTRACTOR shall assign a competent resident schedule established in accordance with paragraph 2.07 as superintendent thereto who shall not be replaced without it may be adjusted from time to time as provided below. written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be 1. CONTRACTOR shall submit to ENGI- CONTRACTOR’s representative at the Site and shall have NEER for acceptance (to the extent indicated in authority to act on behalf of CONTRACTOR. All paragraph 2.07) proposed adjustments in the prog- communications given to or received from the superin- ress schedule that will not result in changing the tendent shall be binding on CONTRACTOR. Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then 6.02 Labor; Working Hours in effect and additionally will comply with any provisions of the General Requirements applicable A. CONTRACTOR shall provide competent, thereto. suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Documents. 2. Proposed adjustments in the progress CONTRACTOR shall at all times maintain good discipline schedule that will change the Contract Times (or and order at the Site. Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments B. Except as otherwise required for the safety or may only be made by a Change Order or Written protection of persons or the Work or property at the Site or Amendment in accordance with Article 12. adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be 6.05 Substitutes and “Or-Equals” performed during regular working hours, and CON- TRACTOR will not permit overtime work or the A. Whenever an item of material or equipment is performance of Work on Saturday, Sunday, or any legal specified or described in the Contract Documents by using holiday without OWNER’s written consent (which will not the name of a proprietary item or the name of a particular be unreasonably withheld) given after prior written notice Supplier, the specification or description is intended to to ENGINEER. establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or 6.03 Services, Materials, and Equipment “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other A. Unless otherwise specified in the General Re- Suppliers may be submitted to ENGINEER for review quirements, CONTRACTOR shall provide and assume full under the circumstances described below. responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, 1. “Or-Equal” Items: If in ENGINEER’s tools, appliances, fuel, power, light, heat, telephone, water, sole discretion an item of material or equipment sanitary facilities, temporary facilities, and all other proposed by CONTRACTOR is functionally equal facilities and incidentals necessary for the performance, to that named and sufficiently similar so that no testing, start-up, and completion of the Work. change in related Work will be required, it may be General Conditions Page 00700-19  considered by ENGINEER as an “or-equal” item, in state the extent, if any, to which the use of the which case review and approval of the proposed proposed substitute item will prejudice item may, in ENGINEER’s sole discretion, be CONTRACTOR’s achievement of Substantial accomplished without compliance with some or all Completion on time, whether or not use of the of the requirements for approval of proposed proposed substitute item in the Work will re- substitute items. For the purposes of this paragraph quire a change in any of the Contract Docu- 6.05.A.1, a proposed item of material or equipment ments (or in the provisions of any other direct will be considered functionally equal to an item so contract with OWNER for work on the Project) named if: to adapt the design to the proposed substitute item and whether or not incorporation or use of a. in the exercise of reasonable judgment the proposed substitute item in connection with ENGINEER determines that: (i) it is at least the Work is subject to payment of any license equal in quality, durability, appearance, strength, fee or royalty. All variations of the proposed and design characteristics; (ii) it will reliably substitute item from that specified will be perform at least equally well the function identified in the application, and available imposed by the design concept of the completed engineering, sales, maintenance, repair, and Project as a functioning whole, and; replacement services will be indicated. The application will also contain an itemized b. CONTRACTOR certifies that: (i) there is estimate of all costs or credits that will result no increase in cost to the OWNER; and (ii) it directly or indirectly from use of such substitute will conform substantially, even with deviations, item, including costs of redesign and claims of to the detailed requirements of the item named other contractors affected by any resulting