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

compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the perfor- 3. Any part of CONTRACTOR’s capital mance of the Work (except losses and damages expenses, including interest on CONTRACTOR’s within the deductible amounts of property insurance capital employed for the Work and charges against established in accordance with paragraph 5.06.D), CONTRACTOR for delinquent payments. provided such losses and damages have resulted from causes other than the negligence of 4. Costs due to the negligence of CON- CONTRACTOR, any Subcontractor, or anyone TRACTOR, any Subcontractor, or anyone directly directly or indirectly employed by any of them or or indirectly employed by any of them or for whose for whose acts any of them may be liable. Such acts any of them may be liable, including but not losses shall include settlements made with the limited to, the correction of defective Work, written consent and approval of OWNER. No such disposal of materials or equipment wrongly losses, damages, and expenses shall be included in supplied, and making good any damage to property. the Cost of the Work for the purpose of determining CONTRACTOR’s fee. 5. Other overhead or general expense costs of any kind and the costs of any item not g. The cost of utilities, fuel, and sanitary specifically and expressly included in paragraphs facilities at the Site. 11.01.A and 11.01.B. h. Minor expenses such as telegrams, long C. CONTRACTOR’s Fee: When all the Work is distance telephone calls, telephone service at the performed on the basis of cost-plus, CONTRACTOR’s fee Site, expressage, and similar petty cash items in shall be determined as set forth in the Agreement. When connection with the Work. the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined i. When the Cost of the Work is used to on the basis of Cost of the Work, CONTRACTOR’s fee determine the value of a Change Order or of a shall be determined as set forth in paragraph 12.01.C. Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the D. Documentation: Whenever the Cost of the Work Work or caused by the event giving rise to the for any purpose is to be determined pursuant to paragraphs Claim. 11.01.A and 11.01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally j. When all the Work is performed on the basis accepted accounting practices and submit in a form of cost-plus, the costs of premiums for all Bonds acceptable to ENGINEER an itemized cost breakdown and insurance CONTRACTOR is required by the together with supporting data. Contract Documents to purchase and maintain. 11.02 Cash Allowances B. Costs Excluded: The term Cost of the Work shall A. It is understood that CONTRACTOR has includ- not include any of the following items: ed in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered 1. Payroll costs and other compensation of to be performed for such sums as may be acceptable to CONTRACTOR’s officers, executives, principals OWNER and ENGINEER. CONTRACTOR agrees that: General Conditions Page 00700-32  3. if CONTRACTOR believes that 1. the allowances include the cost to CONTRACTOR is entitled to an increase in CONTRACTOR (less any applicable trade Contract Price as a result of having incurred addi- discounts) of materials and equipment required by tional expense or OWNER believes that OWNER is the allowances to be delivered at the Site, and all entitled to a decrease in Contract Price and the applicable taxes; and parties are unable to agree as to the amount of any such increase or decrease. 2. CONTRACTOR’s costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated ARTICLE 12 - CHANGE OF CONTRACT PRICE; for the allowances have been included in the CHANGE OF CONTRACT TIMES Contract Price and not in the allowances, and no ______________________________________________ demand for additional payment on account of any of the foregoing will be valid. 12.01 Change of Contract Price B. Prior to final payment, an appropriate Change A. The Contract Price may only be changed by a Order will be issued as recommended by ENGINEER to Change Order or by a Written Amendment. Any Claim for reflect actual amounts due CONTRACTOR on account of an adjustment in the Contract Price shall be based on Work covered by allowances, and the Contract Price shall written notice submitted by the party making the Claim to be correspondingly adjusted. the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. 11.03 Unit Price Work B. The value of any Work covered by a Change A. Where the Contract Documents provide that all or Order or of any Claim for an adjustment in the Contract part of the Work is to be Unit Price Work, initially the Price will be determined as follows: Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each 1. where the Work involved is covered by separately identified item of Unit Price Work times the unit prices contained in the Contract Documents, by estimated quantity of each item as indicated in the application of such unit prices to the quantities of Agreement. The estimated quantities of items of Unit Price the items involved (subject to the provisions of Work are not guaranteed and are solely for the purpose of paragraph 11.03 ); or comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and 2. where the Work involved is not covered classifications of Unit Price Work performed by by unit prices contained in the Contract Documents, CONTRACTOR will be made by ENGINEER subject to by a mutually agreed lump sum (which may include the provisions of paragraph 9.08. an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to 3. where the Work involved is not covered cover CONTRACTOR’s overhead and profit for each by unit prices contained in the Contract Documents separately identified item. and agreement to a lump sum is not reached under paragraph 12.01.B.2, on the basis of the Cost of the SEE SUPLEMENTARY CONDITIONS (SECTION 00800) Work (determined as provided in paragraph 11.01) plus a CONTRACTOR’s fee for overhead and C. OWNER or CONTRACTOR may make a Claim profit (determined as provided in paragraph for an adjustment in the Contract Price in accordance with 12.01.C). paragraph 10.05 if: C. CONTRACTOR’s Fee: The CONTRACTOR’s 1. the quantity of any item of Unit Price fee for overhead and profit shall be determined as follows: Work performed by CONTRACTOR differs materially and significantly from the estimated 1. a mutually acceptable fixed fee; or quantity of such item indicated in the Agreement; and 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the 2. there is no corresponding adjustment various portions of the Cost of the Work: with respect any other item of Work; and General Conditions Page 00700-33  a. for costs incurred under paragraphs A. Where CONTRACTOR is prevented from 11.01.A.1 and 11.01.A.2, the CONTRACTOR’s completing any part of the Work within the Contract Times fee shall be 15 percent; (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will b. for costs incurred under paragraph be extended in an amount equal to the time lost due to such 11.01.A.3, the CONTRACTOR’s fee shall be delay if a Claim is made therefore as provided in paragraph five percent; 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by c. where one or more tiers of subcon- OWNER, acts or neglect of utility owners or other tracts are on the basis of Cost of the Work plus a contractors performing other work as contemplated by fee and no fixed fee is agreed upon, the intent of Article 7, fires, floods, epidemics, abnormal weather paragraph 12.01.C.2.a is that the Subcontractor conditions, or acts of God. who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs 12.04 Delays Within CONTRACTOR’s Control incurred by such Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that A. The Contract Times (or Milestones) will not be any higher tier Subcontractor and CON- extended due to delays within the control of TRACTOR will each be paid a fee of five CONTRACTOR. Delays attributable to and within the percent of the amount paid to the