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

acceptability to OWNER 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 OWNER as provided below. The progress schedule will be acceptable to OWNER 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 OWNER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR = from CONTRACTOR'S | full responsibility therefore. CONTRACTOR'S schedule of Shop Drawing and Sample submissions will be acceptable to OWNER as providing a workable arrangement for reviewing and processing the required submittals. CONTRACTOR’s schedule of values will be acceptable to OWNER as to form and substance if it provides a reasonable allocation of the contract price to component parts of the work. Add the following subparagraph to paragraph 3.01 of the General Conditions: In the event of a conflict between the various items which make up the Contract Documents, the following Hierarchy of Documents shall prevail: Contract Change Orders. Addenda. Agreement. Instructions To Bidders. Supplementary Conditions. General Conditions. Technical Specifications. Drawings. PAIAMP YN D> Add the following subparagraph to paragraph 5.01 of the General Conditions: Prior to commencing work, payment and performance bonds required by this contract shall be filed in the public records of the county where said is performed pursuant to the requirements of Title XVIII, Section 255.05, Florida Statutes. SUPPLEMENTARY CONDITIONS OKALOOSA COUNTY WATER AND SEWER DATE: 8/15/2013 00800-2 SECTION 00800 Russell Stephenson - Electrical Manhole Rehabilitation SUPPLEMENTARY CONDITIONS SC-5.04. Add the following subparagraph to paragraph 5.04 of the General Conditions: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers' Compensation and related coverages under paragraphs 5.04.A.1 and 5.04.A.2 of the General Conditions: a.) State: Statutory b.) Applicable Federal (e.g. Longshoreman's): Statutory C.) Employer's Liability $1,000,000 2. CONTRACTOR'S Liability Insurance under paragraphs 5.04. A.3 through A.6 of the General Conditions which shall also include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care custody and control of the CONTRACTOR: a.) General Aggregate (Except Products - Completed Operations) $2,000,000 b.) Products - Completed Operations Aggregate $2,000,000 c.) Personal and Advertising Injury (Per Person/Organization) $1,000,000 d.) Each Occurrence (Bodily Injury and Property Damage) $1,000,000 e.) Property Damage Liability Insurance will provide Explosion, Collapse and Underground coverages where applicable. f.) Excess Liability General Aggregate $2,000,000 Each Occurrence $2,000,000 SUPPLEMENTARY CONDITIONS OKALOOSA COUNTY WATER AND SEWER DATE: 8/15/2013 00800-3 SECTION 00800 SUPPLEMENTARY CONDITIONS SC-5.06. 3. Russell Stephenson - Electrical Manhole Rehabilitation Automobile Liability: a.) Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b.) Property Damage: $1,000,000 Each Accident OR c.) Combined Single Limit (Bodily Injury and Property Damage): $2,000,000 Each Accident In addition to the requirements of Paragraph 5.04.B. 1 of the General Conditions concerning the naming of the OWNER, Engineer, and Engineer's consultants as additional insured’s under the CONTRACTOR'S General Liability Policy. Also, the CONTRACTOR shall at his expense provide an OWNER'S and CONTRACTOR'S Protective Liability Policy issued in the name of the OWNER and ENGINEER covering the CONTRACTOR'S obligations under Paragraph 5.04.B.4 of the General Conditions. Coverage shall be provided under this policy for not less than the following amounts: (1) Bodily Injury: $1,000,000 Each Occurrence (2) Property Damage: $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Supplement Paragraph 5.06 of the General Conditions as follows: CONTRACTOR shall purchase and maintain property insurance upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. Include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER'S Consultants and any other persons or entities identified in the Supplementary Conditions and the officers, directors, partners, employees, agents, and other consultants and subcontractors, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; Be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and SUPPLEMENTARY CONDITIONS OKALOOSA COUNTY WATER AND SEWER DATE: 8/15/2013 00800-4 SECTION 00800 Russell Stephenson - Electrical Manhole Rehabilitation SUPPLEMENTARY CONDITIONS damage to the Work, temporary buildings, false work and Work in transit and shall insure against at least the following perils: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Supplementary Conditions. Include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); Go 4. Cover materials and equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 5. Allow for partial utilization of the work by OWNER; 6 Include testing and startup; and 7. Be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with thirty (30) days written notice to each other additional insured to whom a certificate of insurance has been issued. B. CONTRACTOR’s shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC-5.06 shall contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty (30) days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph SC-5.07. SC-5.07. Supplement Paragraph 5.07 of the General Conditions as follows: 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs SC 5.06 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER'S Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insured or additional insured’s (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the SUPPLEMENTARY CONDITIONS OKALOOSA COUNTY WATER AND SEWER DATE: 8/15/2013 00800-5 SECTION 00800 Russell Stephenson - Electrical Manhole Rehabilitation SUPPLEMENTARY CONDITIONS @ effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insured’s or additional insured’s there under. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER'S Consultants and all other individuals or entities identified in the Supplementary Conditions to be listed as insured’s or additional insured’s (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by CONTRACTOR as trustee or otherwise payable under any policy so issued. B. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER'S Consultants and the officers, directors, partners, employees and agents and other consultants and subcontractors of each and any of them, for: 1. loss due to business interruption, loss of use or other consequential loss @ extending beyond direct physical loss or damage to OWNER'S property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.05, after substantial completion pursuant to paragraph 14.04 or after final payment pursuant to paragraph 14.07. C. Any insurance policy maintained by CONTRACTOR covering any loss, damage or consequential loss referred to in this paragraph SC 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against OWNER, Subcontractors, ENGINEER, ENGINEER'S Consultants and the officers, directors, partners, employees, agents and other consultants and subcontractors of @ each and any of them. SC-6.06.B Supplement Paragraph 6.06.B of the General Conditions as follows: SUPPLEMENTARY CONDITIONS OKALOOSA COUNTY WATER AND SEWER DATE: 8/15/2013 00800-6 SECTION 00800 Russell Stephenson - Electrical Manhole Rehabilitation SUPPLEMENTARY CONDITIONS SC-6.06.B. SC-13.03.B SC-13.03.B SC-14.02.B.5. SC-17.01. The CONTRACTOR, or apparent successful Bidder, shall identify Subcontractors, Suppliers, or other persons or organizations as follows: 1) Prior to the Effective Date of the Agreement, the apparent Successful Bidder shall within seven (7) days of the receipt of a Written Request from the OWNER or the ENGINEER identify Subcontractors, Suppliers, or others specifically requested. 2) Within thirty (30) days following the Effective Date of the Agreement, all Subcontractors shall be identified. Supplement Paragraph 6.06.C of the General Conditions as follows: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier or other individual or entity, to the extent practicable, information about amounts paid to CONTRACTOR on account of work performed for CONTRACTOR by a particular Subcontractor, supplier, or other individual or entity. Delete subparagraph 13.03.B of the General Conditions in its entirety and insert the following in its place: CONTRACTOR shall employ and pay for the services of an