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

period hereunder with respect to such Work will be 13.06 Correction or Removal of Defective Work extended for an additional period of one year after such correction or removal and replacement has been A. CONTRACTOR shall correct all defective Work, satisfactorily completed. whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the D. CONTRACTOR’s obligations under this Project and replace it with Work that is not defective. paragraph 13.07 are in addition to any other obligation or CONTRACTOR shall pay all Claims, costs, losses, and warranty. The provisions of this paragraph 13.07 shall not damages (including but not limited to all fees and charges be construed as a substitute for or a waiver of the of engineers, architects, attorneys, and other professionals provisions of any applicable statute of limitation or repose. and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal 13.08 Acceptance of Defective Work (including but not limited to all costs of repair or replacement of work of others). A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to 13.07 Correction Period ENGINEER’s recommendation of final payment, ENGINEER) prefers to accept it, OWNER may do so. A. If within one year after the date of Substantial CONTRACTOR shall pay all Claims, costs, losses, and Completion or such longer period of time as may be damages (including but not limited to all fees and charges prescribed by Laws or Regulations or by the terms of any of engineers, architects, attorneys, and other professionals applicable special guarantee required by the Contract and all court or arbitration or other dispute resolution costs) Documents or by any specific provision of the Contract attributable to OWNER’s evaluation of and determination Documents, any Work is found to be defective, or if the to accept such defective Work (such costs to be approved repair of any damages to the land or areas made available by ENGINEER as to reasonableness) and the diminished for CONTRACTOR’s use by OWNER or permitted by value of the Work to the extent not otherwise paid by Laws and Regulations as contemplated in paragraph 6.11.A CONTRACTOR pursuant to this sentence. If any such is found to be defective, CONTRACTOR shall promptly, acceptance occurs prior to ENGINEER’s recommendation without cost to OWNER and in accordance with of final payment, a Change Order will be issued OWNER’s written instructions: (i) repair such defective incorporating the necessary revisions in the Contract land or areas, or (ii) correct such defective Work or, if the Documents with respect to the Work, and OWNER shall be defective Work has been rejected by OWNER, remove it entitled to an appropriate decrease in the Contract Price, from the Project and replace it with Work that is not reflecting the diminished value of Work so accepted. If the defective, and (iii) satisfactorily correct or repair or remove parties are unable to agree as to the amount thereof, and replace any damage to other Work, to the work of OWNER may make a Claim therefore as provided in others or other land or areas resulting there from. If paragraph 10.05. If the acceptance occurs after such CONTRACTOR does not promptly comply with the terms recommendation, an appropriate amount will be paid by of such instructions, or in an emergency where delay would CONTRACTOR to OWNER. cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the 13.09 OWNER May Correct Defective Work rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees General Conditions Page 00700-36  A. If CONTRACTOR fails within a reasonable time ARTICLE 14 - PAYMENTS TO CONTRACTOR AND after written notice from ENGINEER to correct defective COMPLETION Work or to remove and replace rejected Work as required ______________________________________________ by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance 14.01 Schedule of Values with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract A. The schedule of values established as provided in Documents, OWNER may, after seven days written notice paragraph 2.07.A will serve as the basis for progress to CONTRACTOR, correct and remedy any such payments and will be incorporated into a form of Applica- deficiency. tion for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on B. In exercising the rights and remedies under this the number of units completed. paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, 14.02 Progress Payments OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and A. Applications for Payments suspend CONTRACTOR’s services related thereto, take possession of CONTRACTOR’s tools, appliances, con- 1. At least 20 days before the date estab- struction equipment and machinery at the Site, and lished for each progress payment (but not more incorporate in the Work all materials and equipment stored often than once a month), CONTRACTOR shall at the Site or for which OWNER has paid CONTRACTOR submit to ENGINEER for review an Application for but which are stored elsewhere. CONTRACTOR shall Payment filled out and signed by CONTRACTOR allow OWNER, OWNER’s representatives, agents and covering the Work completed as of the date of the employees, OWNER’s other contractors, and ENGINEER Application and accompanied by such supporting and ENGINEER’s Consultants access to the Site to enable documentation as is required by the Contract OWNER to exercise the rights and remedies under this Documents. If payment is requested on the basis of paragraph. materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or C. All Claims, costs, losses, and damages (including at another location agreed to in writing, the but not limited to all fees and charges of engineers, Application for Payment shall also be accompanied architects, attorneys, and other professionals and all court by a bill of sale, invoice, or other documentation or arbitration or other dispute resolution costs) incurred or warranting that OWNER has received the materials sustained by OWNER in exercising the rights and remedies and equipment free and clear of all Liens and under this paragraph 13.09 will be charged against evidence that the materials and equipment are CONTRACTOR, and a Change Order will be issued covered by appropriate property insurance or other incorporating the necessary revisions in the Contract arrangements to protect OWNER’s interest therein, Documents with respect to the Work; and OWNER shall be all of which must be satisfactory to OWNER. entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the 2. Beginning with the second Application adjustment, OWNER may make a Claim therefore as for Payment, each Application shall include an provided in paragraph 10.05. Such claims, costs, losses affidavit of CONTRACTOR stating that all and damages will include but not be limited to all costs of previous progress payments received on account of repair, or replacement of work of others destroyed or the Work have been applied on account to discharge damaged by correction, removal, or replacement of CONTRACTOR’s legitimate obligations associated CONTRACTOR’s defective Work. with prior Applications for Payment. D. CONTRACTOR shall not be allowed an exten- 3. The amount of retainage with respect to sion of the Contract Times (or Milestones) because of any pro-gress payments will be as stipulated in the delay in the performance of the Work attributable to the Agreement. exercise by OWNER of OWNER’s rights and remedies under this paragraph 13.09. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER’s reasons for refusing to General Conditions Page 00700-37  recommend payment. In the latter case, CON- Regulations applicable to CONTRACTOR’s TRACTOR may make the necessary corrections performance of the Work. Additionally, said review and resubmit the Application. or recommendation will not impose responsibility on ENGINEER to make any examination to 2. ENGINEER’s recommendation of any ascertain how or for what purposes payment requested in an Application for Payment CONTRACTOR has used the moneys paid on will constitute a representation by ENGINEER to account of the Contract Price, or to determine that OWNER, based on ENGINEER’s observations on title to any of the Work, materials, or equipment has the Site of the executed Work as an experienced and passed to OWNER free and clear of any Liens. qualified design professional and on ENGINEER's review of the Application for Payment and the SEE ALSO SUPLEMENTARY CONDITIONS accompanying data and schedules, that to the best of (SECTION 00800) ENGINEER’s knowledge, information and belief: