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

next lower tier control of a Subcontractor or Supplier shall be deemed to Subcontractor; be delays within the control of CONTRACTOR. d. no fee shall be payable on the basis of 12.05 Delays Beyond OWNER’s and CONTRACTOR’s costs itemized under paragraphs 11.01.A.4, Control 11.01.A.5, and 11.01.B; A. Where CONTRACTOR is prevented from e. the amount of credit to be allowed by completing any part of the Work within the Contract Times CONTRACTOR to OWNER for any change (or Milestones) due to delay beyond the control of both which results in a net decrease in cost will be the OWNER and CONTRACTOR, an extension of the amount of the actual net decrease in cost plus a Contract Times (or Milestones) in an amount equal to the deduction in CONTRACTOR’s fee by an time lost due to such delay shall be CONTRACTOR’s sole amount equal to five percent of such net and exclusive remedy for such delay. decrease; and 12.06 Delay Damages f. when both additions and credits are in- volved in any one change, the adjustment in A. In no event shall OWNER or ENGINEER be CONTRACTOR’s fee shall be computed on the liable to CONTRACTOR, any Subcontractor, any Supplier, basis of the net change in accordance with or any other person or organization, or to any surety for or paragraphs 12.01.C.2.a through 12.01.C.2.e, employee or agent of any of them, for damages arising out inclusive. of or resulting from: 12.02 Change of Contract Times 1. delays caused by or within the control of CONTRACTOR; or A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. 2. delays beyond the control of both Any Claim for an adjustment in the Contract Times (or OWNER and CONTRACTOR including but not Milestones) shall be based on written notice submitted by limited to fires, floods, epidemics, abnormal the party making the claim to the ENGINEER and the other weather conditions, acts of God, or acts or neglect party to the Contract in accordance with the provisions of by utility owners or other contractors performing paragraph 10.05. other work as contemplated by Article 7. B. Any adjustment of the Contract Times (or B. Nothing in this paragraph 12.06 bars a change in Milestones) covered by a Change Order or of any Claim for Contract Price pursuant to this Article 12 to compensate an adjustment in the Contract Times (or Milestones) will be CONTRACTOR due to delay, interference, or disruption determined in accordance with the provisions of this directly attributable to actions or inactions of OWNER or Article 12. anyone for whom OWNER is responsible. 12.03 Delays Beyond CONTRACTOR’s Control General Conditions Page 00700-34 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF D. CONTRACTOR shall be responsible for DEFECTIVE WORK arranging and obtaining and shall pay all costs in ______________________________________________ connection with any inspections, tests, or approvals required for OWNER’s and ENGINEER’s acceptance of 13.01 Notice of Defects materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment A. Prompt notice of all defective Work of which submitted for approval prior to CONTRACTOR’s purchase OWNER or ENGINEER has actual knowledge will be thereof for incorporation in the Work. Such inspections, given to CONTRACTOR. All defective Work may be tests, or approvals shall be performed by organizations rejected, corrected, or accepted as provided in this acceptable to OWNER and ENGINEER. Article 13. E. If any Work (or the work of others) that is to be 13.02 Access to Work inspected, tested, or approved is covered by CONTRAC- TOR without written concurrence of ENGINEER, it must, A. OWNER, ENGINEER, ENGINEER’s Con- if requested by ENGINEER, be uncovered for observation. sultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental F. Uncovering Work as provided in paragraph agencies with jurisdictional interests will have access to the 13.03.E shall be at CONTRACTOR’s expense unless Site and the Work at reasonable times for their observation, CONTRACTOR has given ENGINEER timely notice of inspecting, and testing. CONTRACTOR shall provide CONTRACTOR’s intention to cover the same and them proper and safe conditions for such access and advise ENGINEER has not acted with reasonable promptness in them of CONTRACTOR’s Site safety procedures and response to such notice. programs so that they may comply therewith as applicable. 13.04 Uncovering Work 13.03 Tests and Inspections A. If any Work is covered contrary to the written SEE SUPLEMENTARY CONDITIONS (SECTION 00800) request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER’s observation and A. CONTRACTOR shall give ENGINEER timely replaced at CONTRACTOR’s expense. notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and B. If ENGINEER considers it necessary or advisable testing personnel to facilitate required inspections or tests. that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at B. OWNER shall employ and pay for the services of ENGINEER’s request, shall uncover, expose, or otherwise an independent testing laboratory to perform all make available for observation, inspection, or testing as inspections, tests, or approvals required by the Contract ENGINEER may require, that portion of the Work in Documents except: question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, 1. for inspections, tests, or approvals CONTRACTOR shall pay all Claims, costs, losses, and covered by paragraphs 13.03.C and 13.03.D below; damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals 2. that costs incurred in connection with and all court or arbitration or other dispute resolution costs) tests or inspections conducted pursuant to paragraph arising out of or relating to such uncovering, exposure, 13.04.B shall be paid as provided in said paragraph observation, inspection, and testing, and of satisfactory 13.04.B; and replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and 3. as otherwise specifically provided in the OWNER shall be entitled to an appropriate decrease in the Contract Documents. Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as C. If Laws or Regulations of any public body having provided in paragraph 10.05. If, however, such Work is not jurisdiction require any Work (or part thereof) specifically found to be defective, CONTRACTOR shall be allowed an to be inspected, tested, or approved by an employee or increase in the Contract Price or an extension of the other representative of such public body, CONTRACTOR Contract Times (or Milestones), or both, directly attribut- shall assume full responsibility for arranging and obtaining able to such uncovering, exposure, observation, inspection, such inspections, tests, or approvals, pay all costs in testing, replacement, and reconstruction. If the parties are connection therewith, and furnish ENGINEER the required unable to agree as to the amount or extent thereof, certificates of inspection or approval. General Conditions Page 00700-35 CONTRACTOR may make a Claim therefore as provided and charges of engineers, architects, attorneys, and other in paragraph 10.05. professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction 13.05 OWNER May Stop the Work or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of A. If the Work is defective, or CONTRACTOR fails others) will be paid by CONTRACTOR. to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that B. In special circumstances where a particular item of the completed Work will conform to the Contract equipment is placed in continuous service before Documents, OWNER may order CONTRACTOR to stop Substantial Completion of all the Work, the correction the Work, or any portion thereof, until the cause for such period for that item may start to run from an earlier date if order has been eliminated; however, this right of OWNER so provided in the Specifications or by Written to stop the Work shall not give rise to any duty on the part Amendment. of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any C. Where defective Work (and damage to other other individual or entity, or any surety for, or employee or Work resulting there from) has been corrected or removed agent of any of them. and replaced under this paragraph 13.07, the correction