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

5. ENGINEER may refuse to recommend a. the Work has progressed to the point the whole or any part of any payment if, in indicated; ENGINEER’s opinion, it would be incorrect to make the representations to OWNER referred to in b. the quality of the Work is generally in paragraph 14.02.B.2. ENGINEER may also refuse accordance with the Contract Documents to recommend any such payment or, because of (subject to an evaluation of the Work as a subsequently discovered evidence or the results of functioning whole prior to or upon Substantial subsequent inspections or tests, revise or revoke any Completion, to the results of any subsequent such payment recommendation previously made, to tests called for in the Contract Documents, to a such extent as may be necessary in ENGINEER’s final determination of quantities and opinion to protect OWNER from loss because: classifications for Unit Price Work under paragraph 9.08, and to any other qualifications a. the Work is defective, or completed stated in the recommendation); and Work has been damaged, requiring correction or replacement; c. the conditions precedent to CONTRACTOR’s being entitled to such pay- b. the Contract Price has been reduced by ment appear to have been fulfilled in so far as it Written Amendment or Change Orders; is ENGINEER’s responsibility to observe the Work. c. OWNER has been required to correct defective Work or complete Work in accordance 3. By recommending any such payment with paragraph 13.09; or ENGINEER will not thereby be deemed to have represented that: (i) inspections made to check the d. ENGINEER has actual knowledge of the quality or the quantity of the Work as it has been occurrence of any of the events enumerated in performed have been exhaustive, extended to every paragraph 15.02.A. aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities C. Payment Becomes Due specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other 1. Ten days after presentation of the matters or issues between the parties that might Application for Payment to OWNER with entitle CONTRACTOR to be paid additionally by ENGINEER’s recommendation, the amount recom- OWNER or entitle OWNER to withhold payment to mended will (subject to the provisions of paragraph CONTRACTOR. 14.02.D) become due, and when due will be paid by OWNER to CONTRACTOR. 4. Neither ENGINEER’s review of CONTRACTOR’s Work for the purposes of D. Reduction in Payment recommending payments nor ENGINEER’s recommendation of any payment, including final 1. OWNER may refuse to make payment of payment, will impose responsibility on ENGINEER the full amount recommended by ENGINEER to supervise, direct, or control the Work or for the because: means, methods, techniques, sequences, or procedures of construction, or the safety precautions a. claims have been made against OWNER and programs incident thereto, or for on account of CONTRACTOR’s performance CONTRACTOR’s failure to comply with Laws and or furnishing of the Work; General Conditions Page 00700-38  attached to the certificate a tentative list of items to be b. Liens have been filed in connection with completed or corrected before final payment. OWNER the Work, except where CONTRACTOR has shall have seven days after receipt of the tentative delivered a specific Bond satisfactory to OWN- certificate during which to make written objection to ER to secure the satisfaction and discharge of ENGINEER as to any provisions of the certificate or such Liens; attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially c. there are other items entitling OWNER complete, ENGINEER will within 14 days after submission to a set off against the amount recommended; or of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefore. d. OWNER has actual knowledge of the If, after consideration of OWNER’s objections, occurrence of any of the events enumerated in ENGINEER considers the Work substantially complete, paragraphs 14.02.B.5.a through 14.02.B.5.c or ENGINEER will within said 14 days execute and deliver to paragraph 15.02.A. OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of 2. If OWNER refuses to make payment of items to be completed or corrected) reflecting such changes the full amount recommended by ENGINEER, from the tentative certificate as ENGINEER believes OWNER must give CONTRACTOR immediate justified after consideration of any objections from written notice (with a copy to ENGINEER) stating OWNER. At the time of delivery of the tentative certificate the reasons for such action and promptly pay of Substantial Completion ENGINEER will deliver to CONTRACTOR any amount remaining after OWNER and CONTRACTOR a written recommendation deduction of the amount so withheld. OWNER as to division of responsibilities pending final payment shall promptly pay CONTRACTOR the amount so between OWNER and CONTRACTOR with respect to withheld, or any adjustment thereto agreed to by security, operation, safety, and protection of the Work, OWNER and CONTRACTOR, when maintenance, heat, utilities, insurance, and warranties and CONTRACTOR corrects to OWNER’s satisfaction guarantees. Unless OWNER and CONTRACTOR agree the reasons for such action. otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of 3. If it is subsequently determined that Substantial Completion, ENGINEER’s aforesaid recom- OWNER’s refusal of payment was not justified, the mendation will be binding on OWNER and CONTRAC- amount wrongfully withheld shall be treated as an TOR until final payment. amount due as determined by paragraph 14.02.C.1. B. OWNER shall have the right to exclude 14.03 CONTRACTOR’s Warranty of Title CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR A. CONTRACTOR warrants and guarantees that title reasonable access to complete or correct items on the to all Work, materials, and equipment covered by any tentative list. Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time 14.05 Partial Utilization of payment free and clear of all Liens. A. Use by OWNER at OWNER’s option of any 14.04 Substantial Completion substantially completed part of the Work which has specifically been identified in the Contract Documents, or A. When CONTRACTOR considers the entire Work which OWNER, ENGINEER, and CONTRACTOR agree ready for its intended use CONTRACTOR shall notify constitutes a separately functioning and usable part of the OWNER and ENGINEER in writing that the entire Work Work that can be used by OWNER for its intended purpose is substantially complete (except for items specifically without significant interference with CONTRACTOR’s listed by CONTRACTOR as incomplete) and request that performance of the remainder of the Work, may be ENGINEER issue a certificate of Substantial Completion. accomplished prior to Substantial Completion of all the Promptly thereafter, OWNER, CONTRACTOR, and Work subject to the following conditions. ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does 1. OWNER at any time may request CON- not consider the Work substantially complete, ENGINEER TRACTOR in writing to permit OWNER to use any will notify CONTRACTOR in writing giving the reasons such part of the Work which OWNER believes to therefore. If ENGINEER considers the Work substantially be ready for its intended use and substantially complete, ENGINEER will prepare and deliver to OWNER complete. If CONTRACTOR agrees that such part a tentative certificate of Substantial Completion which shall of the Work is substantially complete, fix the date of Substantial Completion. There shall be CONTRACTOR will certify to OWNER and General Conditions Page 00700-39  ENGINEER that such part of the Work is application for final payment following the substantially complete and request ENGINEER to procedure for progress payments. issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may 2. The final Application for Payment shall notify OWNER and ENGINEER in writing that be accompanied (except as previously delivered) by: CONTRACTOR considers any such part of the (i) all documentation called for in the Contract Work ready for its intended use and substantially Documents, including but not limited to the complete and request ENGINEER to issue a evidence of insurance required by subparagraph certificate of Substantial Completion for that part of 5.04.B.7; (ii) consent of the surety, if any, to final the Work. Within a reasonable time after either payment; and (iii) complete and legally effective such request, OWNER, CONTRACTOR, and releases or waivers (satisfactory to