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

response to ENGINEER and the claimant within 30 days 1. changes in the Work which are: (i) after receipt of the claimant’s last submittal (unless ordered by OWNER pursuant to paragraph 10.01.A, ENGINEER allows additional time). (ii) required because of acceptance of defective Work under paragraph 13.08.A or OWNER’s B. ENGINEER’s Decision: ENGINEER will render correction of defective Work under paragraph a formal decision in writing within 30 days after receipt of 13.09, or (iii) agreed to by the parties; the last submittal of the claimant or the last submittal of the opposing party, if any. ENGINEER’s written decision on 2. changes in the Contract Price or Contract such Claim, dispute, or other matter will be final and Times which are agreed to by the parties, including binding upon OWNER and CONTRACTOR unless: any undisputed sum or amount of time for Work actually performed in accordance with a Work 1. an appeal from ENGINEER’s decision is Change Directive; and taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 3. changes in the Contract Price or Contract 16; or Times which embody the substance of any written decision rendered by ENGINEER pursuant to para- 2. if no such dispute resolution procedures graph 10.05; provided that, in lieu of executing any have been set forth in Article 16, a written notice of such Change Order, an appeal may be taken from intention to appeal from ENGINEER’s written any such decision in accordance with the provisions decision is delivered by OWNER or of the Contract Documents and applicable Laws and CONTRACTOR to the other and to ENGINEER Regulations, but during any such appeal, within 30 days after the date of such decision, and a CONTRACTOR shall carry on the Work and formal proceeding is instituted by the appealing adhere to the progress schedule as provided in party in a forum of competent jurisdiction within 60 paragraph 6.18.A. days after the date of such decision or within 60 days after Substantial Completion, whichever is 10.04 Notification to Surety later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such A. If notice of any change affecting the general scope rights or remedies as the appealing party may have of the Work or the provisions of the Contract Documents with respect to such Claim, dispute, or other matter (including, but not limited to, Contract Price or Contract in accordance with applicable Laws and Times) is required by the provisions of any Bond to be Regulations. given to a surety, the giving of any such notice will be CONTRACTOR’s responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the General Conditions Page 00700-30  Suppliers’ field services required in connection C. If ENGINEER does not render a formal decision therewith. All cash discounts shall accrue to in writing within the time stated in paragraph 10.05.B, a CONTRACTOR unless OWNER deposits funds decision denying the Claim in its entirety shall be deemed with CONTRACTOR with which to make pay- to have been issued 31 days after receipt of the last ments, in which case the cash discounts shall accrue submittal of the claimant or the last submittal of the to OWNER. All trade discounts, rebates and opposing party, if any. refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and D. No Claim for an adjustment in Contract Price or CONTRACTOR shall make provisions so that they Contract Times (or Milestones) will be valid if not may be obtained. submitted in accordance with this paragraph 10.05. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by ARTICLE 11 - COST OF THE WORK; CASH Subcontractors. If required by OWNER, CON- ALLOWANCES; UNIT PRICE WORK TRACTOR shall obtain competitive bids from ______________________________________________ subcontractors acceptable to OWNER and CON- TRACTOR and shall deliver such bids to OWNER, 11.01 Cost of the Work who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable. A. Costs Included: The term Cost of the Work If any subcontract provides that the Subcontractor means the sum of all costs necessarily incurred and paid by is to be paid on the basis of Cost of the Work plus a CONTRACTOR in the proper performance of the Work. fee, the Subcontractor’s Cost of the Work and fee When the value of any Work covered by a Change Order or shall be determined in the same manner as when a Claim for an adjustment in Contract Price is CONTRACTOR’s Cost of the Work and fee as determined on the basis of Cost of the Work, the costs to be provided in this paragraph 11.01. reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the 4. Costs of special consultants (including change in the Work or because of the event giving rise to but not limited to engineers, architects, testing the Claim. Except as otherwise may be agreed to in writing laboratories, surveyors, attorneys, and accountants) by OWNER, such costs shall be in amounts no higher than employed for services specifically related to the those prevailing in the locality of the Project, shall include Work. only the following items, and shall not include any of the costs itemized in paragraph 11.01.B. 5. Supplemental costs including the following: 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of a. The proportion of necessary transportation, the Work under schedules of job classifications travel, and subsistence expenses of agreed upon by OWNER and CONTRACTOR. CONTRACTOR’s employees incurred in discharge Such employees shall include without limitation of duties connected with the Work. superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for b. Cost, including transportation and employees not employed full time on the Work shall maintenance, of all materials, supplies, equipment, be apportioned on the basis of their time spent on machinery, appliances, office, and temporary the Work. Payroll costs shall include, but not be facilities at the Site, and hand tools not owned by limited to, salaries and wages plus the cost of fringe the workers, which are consumed in the benefits, which shall include social security performance of the Work, and cost, less market contributions, unemployment, excise, and payroll value, of such items used but not consumed which taxes, workers’ compensation, health and retirement remain the property of CONTRACTOR. benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing c. Rentals of all construction equipment Work outside of regular working hours, on and machinery, and the parts thereof whether rented Saturday, Sunday, or legal holidays, shall be from CONTRACTOR or others in accordance with included in the above to the extent authorized by rental agreements approved by OWNER with the OWNER. advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, 2. Cost of all materials and equipment dismantling, and removal thereof. All such costs furnished and incorporated in the Work, including shall be in accordance with the terms of said rental costs of transportation and storage thereof, and agreements. The rental of any such equipment, General Conditions Page 00700-31  machinery, or parts shall cease when the use thereof (of partnerships and sole proprietorships), general is no longer necessary for the Work. managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and d. Sales, consumer, use, and other similar contracting agents, expediters, timekeepers, clerks, taxes related to the Work, and for which CON- and other personnel employed by CONTRACTOR, TRACTOR is liable, imposed by Laws and Regu- whether at the Site or in CONTRACTOR’s lations. principal or branch office for general administration of the Work and not specifically included in the e. Deposits lost for causes other than negli- agreed upon schedule of job classifications referred gence of CONTRACTOR, any Subcontractor, or to in paragraph 11.01.A.1 or specifically covered by anyone directly or indirectly employed by any of paragraph 11.01.A.4, all of which are to be them or for whose acts any of them may be liable, considered administrative costs covered by the and royalty payments and fees for permits and CONTRACTOR’s fee. licenses. 2. Expenses of CONTRACTOR’s principal f. Losses and damages (and related and branch offices other than CONTRACTOR’s expenses) caused by damage to the Work, not office at the Site.