Okaloosa County BOCC — February 18, 2014 — Underground Electric Manhole — reading text

consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes a Claim therefor as provided in paragraph 10.05. 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR’s persistent failure to per- form the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); GENERAL CONDITIONS OKALOOSA COUNTY WATER AND SEWER DATE: 5/13/2012 00700-42 SECTION 00700 GENERAL CONDITIONS 2. CONTRACTOR’s disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR’s disregard of the authori- ty of ENGINEER; or 4. CONTRACTOR’s violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR’s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. Ifthe unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, 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, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR’s services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue, Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.03 OWNER May Terminate For Convenience Russell Stephenson — Electrical Manhole Rehabilitation A. Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and fur- nishing labor, materials, or equipment as required by the Contract Documents in connection with uncom- pleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined GENERAL CONDITIONS OKALOOSA COUNTY WATER AND SEWER DATE: 5/13/2012 00700-43 SECTION 00700 GENERAL CONDITIONS to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provi- sions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR’s stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be 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 the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Russell Stephenson — Electrical Manhole Rehabilitation Sunday or on a day made a legal holiday by the law of the 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 ofthem which are otherwise imposed or available by Laws or Regula- tions, 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 accor- dance 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. 17.06 Headings A. The Article and paragraph headings are inserted for convenience only and do not constitute part of these General Conditions. END OF SECTION 00700 GENERAL CONDITIONS OKALOOSA COUNTY WATER AND SEWER DATE: 5/13/2012 00700-44 Yd SECTION 00700 Russell Stephenson — Electrical Manhole Rehabilitation GENERAL CONDITIONS (THIS PAGE INTENTIONALLY LEFT BLANK) GENERAL CONDITIONS OKALOOSA COUNTY WATER AND SEWER DATE: 5/13/2012 00700-45 SECTION 00800 Russell Stephenson - Electrical Manhole Rehabilitation SUPPLEMENTARY CONDITIONS SECTION 00800 — SUPPLEMENTARY CONDITIONS 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. Delete paragraph 2.02 of the General Conditions in its entirety and insert the following in its place: 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. Delete paragraph 2.04 of the General Conditions in its entirety and insert the following in its place: 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. Delete paragraph 2.05. C of the General Conditions in its entirety and insert the following in its place: 2.05.C. The CONTRACTOR shall furnish the OWNER with five copies of Certificates of Insurance on all required policies of insurance showing limits of liability as specified. All policies must provide 30 days advance notice to the OWNER 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. Delete paragraph 2.06 of the General Conditions in its entirety and insert the following in its place: 2.06. Within twenty (20) days after the Effective Date of the Agreement, a conference attended by CONTRACTOR, OWNER 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. SUPPLEMENTARY CONDITIONS OKALOOSA COUNTY WATER AND SEWER DATE: 8/15/2013 00800-1 SECTION 00800 Russell Stephenson - Electrical Manhole Rehabilitation SUPPLEMENTARY CONDITIONS SC-2.07. 2.07. SC-5.01. Delete paragraph 2.07 of the General Conditions in its entirety and insert the following in its place: 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, OWNER and others as appropriate will be held to review for