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

OWNER) of all ENGINEER shall make an inspection of that part of Lien rights arising out of or Liens filed in the Work to determine its status of completion. If connection with the Work. ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will 3. In lieu of the releases or waivers of Liens notify OWNER and CONTRACTOR in writing specified in paragraph 14.07.A.2 and as approved giving the reasons therefore. If ENGINEER by OWNER, CONTRACTOR may furnish receipts considers that part of the Work to be substantially or releases in full and an affidavit of complete, the provisions of paragraph 14.04 will CONTRACTOR that: (i) the releases and receipts apply with respect to certification of Substantial include all labor, services, material, and equipment Completion of that part of the Work and the for which a Lien could be filed; and (ii) all payrolls, division of responsibility in respect thereof and material and equipment bills, and other indebtedness access thereto. connected with the Work for which OWNER or OWNER's property might in any way be SEE SUPLEMENTARY CONDITIONS (SECTION responsible have been paid or otherwise satisfied. If 00800) any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may 2. No occupancy or separate operation of furnish a Bond or other collateral satisfactory to part of the Work may occur prior to compliance OWNER to indemnify OWNER against any Lien. with the requirements of paragraph 5.10 regarding property insurance. B. Review of Application and Acceptance 14.06 Final Inspection 1. If, on the basis of ENGINEER’s obser- vation of the Work during construction and final A. Upon written notice from CONTRACTOR that inspection, and ENGINEER’s review of the final the entire Work or an agreed portion thereof is complete, Application for Payment and accompanying docu- ENGINEER will promptly make a final inspection with mentation as required by the Contract Documents, OWNER and CONTRACTOR and will notify CON- ENGINEER is satisfied that the Work has been TRACTOR in writing of all particulars in which this completed and CONTRACTOR’s other obligations inspection reveals that the Work is incomplete or defective. under the Contract Documents have been fulfilled, CONTRACTOR shall immediately take such measures as ENGINEER will, within ten days after receipt of the are necessary to complete such Work or remedy such final Application for Payment, indicate in writing deficiencies. ENGINEER’s recommendation of payment and present the Application for Payment to OWNER for 14.07 Final Payment payment. At the same time ENGINEER will also give written notice to OWNER and CON- A. Application for Payment TRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, 1. After CONTRACTOR has, in the ENGINEER will return the Application for opinion of ENGINEER, satisfactorily completed all Payment to CONTRACTOR, indicating in writing corrections identified during the final inspection and the reasons for refusing to recommend final has delivered, in accordance with the Contract payment, in which case CONTRACTOR shall make Documents, all maintenance and operating the necessary corrections and resubmit the instructions, schedules, guarantees, Bonds, Application for Payment. certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make General Conditions Page 00700-40  C. Payment Becomes Due more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date 1. Thirty days after the presentation to on which Work will be resumed. CONTRACTOR shall OWNER of the Application for Payment and resume the Work on the date so fixed. CONTRACTOR accompanying documentation, the amount shall be allowed an adjustment in the Contract Price or an recommended by ENGINEER will become due and, extension of the Contract Times, or both, directly when due, will be paid by OWNER to CON- attributable to any such suspension if CONTRACTOR TRACTOR. makes a Claim therefor as provided in paragraph 10.05. 14.08 Final Completion Delayed 15.02 OWNER May Terminate for Cause A. If, through no fault of CONTRACTOR, final A. The occurrence of any one or more of the completion of the Work is significantly delayed, and if following events will justify termination for cause: ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR’s final Application for Payment and 1. CONTRACTOR’s persistent failure to recommendation of ENGINEER, and without terminating perform the Work in accordance with the Contract the Agreement, make payment of the balance due for that Documents (including, but not limited to, failure to portion of the Work fully completed and accepted. If the supply sufficient skilled workers or suitable materi- remaining balance to be held by OWNER for Work not als or equipment or failure to adhere to the progress fully completed or corrected is less than the retainage schedule established under paragraph 2.07 as stipulated in the Agreement, and if Bonds have been adjusted from time to time pursuant to paragraph furnished as required in paragraph 5.01, the written consent 6.04); of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be 2. CONTRACTOR’s disregard of Laws or submitted by CONTRACTOR to ENGINEER with the Regulations of any public body having jurisdiction; Application for such payment. Such payment shall be made under the terms and conditions governing final 3. CONTRACTOR’s disregard of the payment, except that it shall not constitute a waiver of authority of ENGINEER; or Claims. 4. CONTRACTOR’s violation in any 14.09 Waiver of Claims substantial way of any provisions of the Contract Documents. A. The making and acceptance of final payment will constitute: B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving 1. a waiver of all Claims by OWNER CONTRACTOR (and the surety, if any) seven days written against CONTRACTOR, except Claims arising notice, terminate the services of CONTRACTOR, exclude from unsettled Liens, from defective Work CONTRACTOR from the Site, and take possession of the appearing after final inspection pursuant to Work and of all CONTRACTOR’s tools, appliances, con- paragraph 14.06, from failure to comply with the struction equipment, and machinery at the Site, and use the Contract Documents or the terms of any special same to the full extent they could be used by guarantees specified therein, or from CONTRACTOR (without liability to CONTRACTOR for CONTRACTOR’s continuing obligations under the trespass or conversion), incorporate in the Work all Contract Documents; and materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored 2. a waiver of all Claims by CONTRAC- elsewhere, and finish the Work as OWNER may deem TOR against OWNER other than those previously expedient. In such case, CONTRACTOR shall not be made in writing which are still unsettled. entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including ARTICLE 15 - SUSPENSION OF WORK AND but not limited to all fees and charges of engineers, TERMINATION architects, attorneys, and other professionals and all court ______________________________________________ or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, 15.01 OWNER May Suspend Work such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid A. At any time and without cause, OWNER may balance, CONTRACTOR shall pay the difference to suspend the Work or any portion thereof for a period of not OWNER. Such claims, costs, losses, and damages incurred General Conditions Page 00700-41 by OWNER will be reviewed by ENGINEER as to their fails for 30 days to pay CONTRACTOR any sum finally reasonableness and, when so approved by ENGINEER, determined to be due, then CONTRACTOR may, upon incorporated in a Change Order. When exercising any seven days written notice to OWNER and ENGINEER, rights or remedies under this paragraph OWNER shall not and provided OWNER or ENGINEER do not remedy such be required to obtain the lowest price for the Work suspension or failure within that time, terminate the performed. Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of C. Where CONTRACTOR’s services have been so