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

dates stated in the Agreement to: (i) achieve Substantial 7. Bidding Requirements--The Advertisement or Completion; and (ii) complete the Work so that it is ready Invitation to Bid, Instructions to Bidders, Bid security form, for final payment as evidenced by ENGINEER’s written if any, and the Bid form with any supplements. recommendation of final payment. 8. Bonds--Performance and payment bonds and 15. CONTRACTOR--The individual or entity other instruments of security. with whom OWNER has entered into the Agreement. 9. Change Order--A document recommended 16. Cost of the Work--See paragraph 11.01.A for by ENGINEER which is signed by CONTRACTOR and definition. OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the 17. Drawings--That part of the Contract Contract Times, issued on or after the Effective Date of the Documents prepared or approved by ENGINEER which Agreement. graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop 10. Claim--A demand or assertion by OWNER or Drawings and other CONTRACTOR submittals are not CONTRACTOR seeking an adjustment of Contract Price Drawings as so defined. or Contract Times, or both, or other relief with respect to General Conditions Page 00700-6  18. Effective Date of the Agreement--The date Contract Times will commence to run and on which indicated in the Agreement on which it becomes effective, CONTRACTOR shall start to perform the Work under the but if no such date is indicated, it means the date on which Contract Documents. the Agreement is signed and delivered by the last of the two parties to sign and deliver. 30. OWNER--The individual, entity, public body, or authority with whom CONTRACTOR has entered into 19. ENGINEER--The individual or entity named the Agreement and for whom the Work is to be performed. as such in the Agreement. 31. Partial Utilization--Use by OWNER of a 20. ENGINEER's Consultant--An individual or substantially completed part of the Work for the purpose entity having a contract with ENGINEER to furnish for which it is intended (or a related purpose) prior to services as ENGINEER’s independent professional Substantial Completion of all the Work. associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 32. PCBs--Polychlorinated biphenyls. 21. Field Order--A written order issued by 33. Petroleum--Petroleum, including crude oil or ENGINEER which requires minor changes in the Work but any fraction thereof which is liquid at standard conditions which does not involve a change in the Contract Price or of temperature and pressure (60 degrees Fahrenheit and the Contract Times. 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, 22. General Requirements--Sections of Division kerosene, and oil mixed with other non-Hazardous Waste 1 of the Specifications. The General Requirements pertain and crude oils. to all sections of the Specifications. 34. Project--The total construction of which the 23. Hazardous Environmental Condition--The Work to be performed under the Contract Documents may presence at the Site of Asbestos, PCBs, Petroleum, be the whole, or a part as may be indicated elsewhere in the Hazardous Waste, or Radioactive Material in such Contract Documents. quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection 35. Project Manual--The bound documentary with the Work. information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, 24. Hazardous Waste--The term Hazardous which may be bound in one or more volumes, is contained Waste shall have the meaning provided in Section 1004 of in the table(s) of contents. the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 36. Radioactive Material--Source, special nuclear, or byproduct material as defined by the Atomic 25. Laws and Regulations; Laws or Regulations-- Energy Act of 1954 (42 USC Section 2011 et seq.) as Any and all applicable laws, rules, regulations, ordinances, amended from time to time. codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 37. Resident Project Representative--The authorized representative of ENGINEER who may be 26. Liens--Charges, security interests, or assigned to the Site or any part thereof. encumbrances upon Project funds, real property, or personal property. 38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some 27. Milestone--A principal event specified in the portion of the Work and which establish the standards by Contract Documents relating to an intermediate completion which such portion of the Work will be judged. date or time prior to Substantial Completion of all the Work. 39. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which 28. Notice of Award--The written notice by are specifically prepared or assembled by or for CON- OWNER to the apparent successful bidder stating that upon TRACTOR and submitted by CONTRACTOR to illustrate timely compliance by the apparent successful bidder with some portion of the Work. the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 40. Site--Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the 29. Notice to Proceed--A written notice given by Work is to be performed, including rights-of-way and OWNER to CONTRACTOR fixing the date on which the easements for access thereto, and such other lands General Conditions Page 00700-7 furnished by OWNER which are designated for the use of by ENGINEER ordering an addition, deletion, or revision CONTRACTOR. in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is 41. Specifications--That part of the Contract to be performed or to emergencies. A Work Change Documents consisting of written technical descriptions of Directive will not change the Contract Price or the Contract materials, equipment, systems, standards, and workmanship Times but is evidence that the parties expect that the change as applied to the Work and certain administrative details ordered or documented by a Work Change Directive will applicable thereto. be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, 42. Subcontractor--An individual or entity on the Contract Price or Contract Times. having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the 50. Written Amendment--A written statement Work at the Site. modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the 43. Substantial Completion--The time at which Agreement and normally dealing with the nonengineering the Work (or a specified part thereof) has progressed to the or nontechnical rather than strictly construction-related point where, in the opinion of ENGINEER, the Work (or a aspects of the Contract Documents. specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work 1.02 Terminology (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially A. Intent of Certain Terms or Adjectives complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 1. Whenever in the Contract Documents the terms “as allowed,” “as approved,” or terms of like 44. Supplementary Conditions--That part of the effect or import are used, or the adjectives “reasonable,” Contract Documents which amends or supplements these “suitable,” “acceptable,” “proper,” “satisfactory,” or General Conditions. adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the 45. Supplier--A manufacturer, fabricator, suppli- Work, it is intended that such action or determination er, distributor, materialman, or vendor having a direct will be solely to evaluate, in general, the completed contract with CONTRACTOR or with any Subcontractor Work for compliance with the requirements of and to furnish materials or equipment to be incorporated in the information in the Contract Documents and Work by CONTRACTOR or any Subcontractor. conformance with the design concept of the completed Project as a functioning whole as shown or indicated in 46. Underground Facilities--All underground the Contract Documents (unless there is a specific pipelines, conduits, ducts, cables, wires, manholes, vaults, statement indicating otherwise). The use of any such tanks, tunnels, or other such facilities or attachments, and term or adjective shall not be effective to assign to any encasements containing such facilities, including those ENGINEER any duty or authority to supervise or direct that convey