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

terminating the Contract and without prejudice to any other terminated by OWNER, the termination will not affect any right or remedy, if ENGINEER has failed to act on an rights or remedies of OWNER against CONTRACTOR Application for Payment within 30 days after it is then existing or which may thereafter accrue. Any submitted, or OWNER has failed for 30 days to pay retention or payment of moneys due CONTRACTOR by CONTRACTOR any sum finally determined to be due, OWNER will not release CONTRACTOR from liability. CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is 15.03 OWNER May Terminate For Convenience made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are A. Upon seven days written notice to CON- not intended to preclude CONTRACTOR from making a TRACTOR and ENGINEER, OWNER may, without cause Claim under paragraph 10.05 for an adjustment in Contract and without prejudice to any other right or remedy of Price or Contract Times or otherwise for expenses or OWNER, elect to terminate the Contract. In such case, damage directly attributable to CONTRACTOR’s stopping CONTRACTOR shall be paid (without duplication of any the Work as permitted by this paragraph. items): 1. for completed and acceptable Work ARTICLE 16 - DISPUTE RESOLUTION executed in accordance with the Contract Docu- ______________________________________________ ments prior to the effective date of termination, including fair and reasonable sums for overhead and 16.01 Methods and Procedures profit on such Work; A. Dispute resolution methods and procedures, if 2. for expenses sustained prior to the any, shall be as set forth in the Supplementary Conditions. effective date of termination in performing services If no method and procedure has been set forth, and subject and furnishing labor, materials, or equipment as to the provisions of paragraphs 9.09 and 10.05, OWNER required by the Contract Documents in connection and CONTRACTOR may exercise such rights or remedies with uncompleted Work, plus fair and reasonable as either may otherwise have under the Contract sums for overhead and profit on such expenses; Documents or by Laws or Regulations in respect of any dispute. 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other ARTICLE 17 - MISCELLANEOUS professionals and all court or arbitration or other ______________________________________________ dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, 17.01 Giving Notice and others; and A. Whenever any provision of the Contract 4. for reasonable expenses directly Documents requires the giving of written notice, it will be attributable to termination. deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of B. CONTRACTOR shall not be paid on account of the corporation for whom it is intended, or if delivered at or loss of anticipated profits or revenue or other economic loss sent by registered or certified mail, postage prepaid, to the arising out of or resulting from such termination. last business address known to the giver of the notice. 15.04 CONTRACTOR May Stop Work or Terminate 17.02 Computation of Times A. If, through no act or fault of CONTRACTOR, the A. When any period of time is referred to in the Work is suspended for more than 90 consecutive days by Contract Documents by days, it will be computed to OWNER or under an order of court or other public exclude the first and include the last day of such period. If authority, or ENGINEER fails to act on any Application for the last day of any such period falls on a Saturday or Payment within 30 days after it is submitted, or OWNER Sunday or on a day made a legal holiday by the law of the General Conditions Page 00700-42 applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. General Conditions Page 00700-43  SECTION 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 ed.) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings assigned to them in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings indicated below, which are applicable to both the singular and plural thereof. SC-2.02 OWNER shall furnish to CONTRACTOR up to four (4) copies of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. SC-2.04 CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the Effective Date of the Agreement. SC-2.05.C The CONTRACTOR shall furnish the ENGINEER with five (5) copies of Certificates of Insurance on all required policies of insurance showing limits of liability as specified. All policies must provide thirty (30) days advance notice to the OWNER and ENGINEER in the event of cancellation, expiration or alteration. Each certificate shall be accompanied by a notarized statement itemizing each and every exclusion of the policy. All certificates shall be submitted with the Agreement for execution. SC-2.06 Within twenty (20) days after the Effective Date of the Agreement, a conference attended by CONTRACTOR, ENGINEER and others as appropriate may be held to establish a working understanding among the parties as to the work and to discuss the schedules referred to in paragraph 2.05.B of the General Conditions, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. SC-2.07 If requested by the OWNER or ENGINEER, at least ten (10) days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.B of the General Conditions. CONTRACTOR shall have an additional ten (10) days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals. Repair & Paint Countryview & Bluewater Tanks (2014) 00800-1 Job No. 41-459 Contractors schedule of values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the contract price to component parts of the work. SC-3.01 In the event of a conflict between the various items which make up the Contract Documents, the following Hierarchy of Documents shall prevail: 1. Contract Change Orders 2. Addenda 3. Special Conditions 4. Agreement 5. Instructions To Bidders 6. Supplementary Conditions 7. General Conditions 8. Technical Specifications 9. Drawings. SC-4.02 When reports of subsurface explorations and tests at the project site are included in the Bidding Documents, the CONTRACTOR may rely upon the accuracy of the Technical Data contained in such reports as per paragraphs 4.02.B of the General Conditions. Information included in such reports which may be considered Technical Data are: The Boring Method, Plan and Logs, Level of Subsurface Water, Laboratory Test Methods and Results and Similar Factual Data, all as of the dates made. These reports are not part of the Contract Documents, but the Technical Data contained therein upon which the CONTRACTOR is entitled to rely as provided in G.C. 4.02 as identified above are incorporated therein by reference. SC-4.03, 4.04 The plans show certain features of the topography and certain underground utilities, but they do not purport to show in detail all such lines or obstructions. Such topography and notes on the plans were inserted from records available and are for the CONTRACTOR's convenience only, and shall not be used as basis for any claims of extra compensation. All pipes or other underground utilities shall be maintained in continuous service where possible and shall be properly protected and supported. In no case shall interruptions to utilities be allowed to exist outside of working hours. Prior to starting the work, the proper authorities of all utilities shall be notified by the Contractor and the Contractor shall cooperate in every way possible with these authorities. Whenever necessary to determine the location of