Okaloosa County BOCC — February 18, 2014 — Repair & Paint Countryview & Bluewater Tanks — reading text

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 aconflict between the various items which make up the Contract Documents, the following Hierarchy of Documents shall prevail: Contract Change Orders Addenda Special Conditions Agreement Instructions To Bidders Supplementary Conditions General Conditions Technical Specifications Drawings. WPAN NAMNR WN 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 existing pipes, valves or other underground structures, the CONTRACTOR shall examine all available records and shall make all explorations and excavations necessary for such purpose. SC-5.01 Add the following new paragraph immediately after paragraph 5.01.C of the General Conditions: D. 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. Repair & Paint Countryview & Bluewater Tanks (2014) 00800-2 Job No. 41-459 SC-5.04 Add the following new paragraph immediately after paragraph 5.04.B 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 3. Automobile Liability: a.) Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b.) Property Damage: $500,000 Each Accident OR c.) Combined Single Limit Repair & Paint Countryview & Bluewater Tanks (2014) 00800-3 Job No. 41-459 (Bodily Injury and Property Damage): $2,000,000 Each Accident 4. 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 insureds 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 SC-5.07 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 insureds (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 effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. 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 insureds or additional insureds (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. Repair & Paint Countryview & Bluewater Tanks (2014) 00800-4 Job No. 41-459 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 |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. Should such identification be required, attention is directed to Article 12 of the Information For Bidders. 2) Within thirty (30)