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

thereto F. CONTRACTOR does not consider that any further examinations, investigations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00500-1 to 00500-8, inclusive); 2. Performance Bond (pages 00610-1 to 00610-2, inclusive); 3. Payment Bond (pages 00620-1 to 00620-2, inclusive); Repair & Paint Countryview & Bluewater Tanks (2014) 00500-5 Job No. 41-459 4, General Conditions (pages 00700-1 to 00700-43, inclusive); 5. Supplementary Conditions (pages 00800-1 to 00800-7, inclusive); 6. Specifications as listed in the table of contents of the Project Manual, including the Appendix; 7. Addenda (numbers , inclusive); 8. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed (page_l inclusive); b. CONTRACTOR's Bid (pages__00300-1 _ to _00300-15 , inclusive), c. Documentation submitted by CONTRACTOR prior to Notice of Award (pages__ to ___, inclusive); d. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemental as provided in paragraph 3.05 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract Repair & Paint Countryview & Bluewater Tanks (2014) 00500-6 Job No. 41-459 A. No assignment by a party hereto of any rights or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, whoagree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Repair & Paint Countryview & Bluewater Tanks (2014) 00500-7 Job No. 41-459 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 2014 (which is the Effective Date of the Agreement). OWNER CONTRACTOR BOARD OF COUNTY COMMISSIONERS, OKALOOSA COUNTY, FLORIDA By: By: Don Amunds (Chairman) [ SEAL] [CORPORATE SEAL] Attest Attest Gary Stanford - Deputy Clerk of Courts Address for giving notices: 302 N. Wilson St., Suite #203 Address for giving notices: Crestview, FL 32536 Designated Representative: License No. (Where Applicable) Name: Title: Agent for Service of Process: Address: Phone: Designated Representative: Facsimile: Name: Title: Address: Phone: Facsimile: END OF SECTION 00500 Repair & Paint 00500-8 Job No. 41-459 Countryview & Bluewater Tanks (2014) SECTION 00610 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) hereinafter called "Principal" and (3) of State of hereinafter called the "Surety", are held and firmly bound unto (4) Board of Commissioners, Okaloosa County, FL hereinafter called "OWNER", in the penal sum of. ($ ) in lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of , 2014, a copy of which is hereto attached and made a part hereof for the construction of: Repair and Paint Countryview and Bluewater Tanks (2014) NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby-stipulates and agrees that no charges, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Repair & Paint Countryview & Bluewater Tanks (2014) 00610-1 Job No. 41-459 IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall . be deemed an original, this the day of , 2014. ATTEST: | (Principal) Secretary” (Address) ~Wimnessasto Principal) (Address) Surety) Secretary “" Attomey-in-Fact "Witness as to Surety (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor. (2) A Corporation, A Partnership or an Individual as case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is Partnership, all partners should execute bond. END OF SECTION 00610 Repair & Paint Countryview & Bluewater Tanks (2014) 00610-2 Job No. 41-459 SECTION 00620 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) hereinafter called "Principal" and (3) of State of hereinafter called "Surety", are held and firmly bound unto (4) Board of Commissioners, Okaloosa County, FL hereinafter called "Owner", in the penal sum of ($ ), in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally firmly by these presents: THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the ___ day of , 2014, a copy of which is hereto attached and made a part hereof for the construction of: Repair and Paint Countryview and Bluewater Tanks (2014) NOW, THEREFORE, if the Principal shall promptly make payments to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work, whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be in any wise affect its obligation on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the contractor or to the work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Repair & Paint Countryview & Bluewater Tanks (2014) 00620-1 Job No. 41-459 IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed in original, this the day of , 2014. ATTEST: ~ Principal - - _ oe : By _ ws (Principal) Secretary (SEAL) ~ “"""""“(WitmessastoPrinciplly =” (Address) ~~ (Address) _ oe ATTEST: oe "Surety —_ i (Surety) Secretary Attorney-in-Fact (SEAL) oe ~"WimessastoSurety = SS 7 eee (Address) oe ee ne a . _ _ NOTE: Date of Bond must not be prior to date of contract. (1) Correct name of Contractor (2) A Corporation, a Partnership, or an Individual, as case may be. (3) Correct Name of Surety. (4) Correct Name of Owner. (5) If Contractor is Partnership, all partners should execute bond. END OF SECTION 00620 Repair & Paint Countryview & Bluewater Tanks (2014) 00620-2 Job No. 41-459 SECTION 00624 WARRANTY 1/30/2014 (Date) Project: Repair and Paint Countryview and Bluewater Tanks (2014 by mec can Surer aft Co. lnc. warrants that all work shall remain in serviceable and good condition and without failure (as defined in Section 02956 - 3.5 of this contract) for a period of five (5) years from the date of final acceptance of the work, unless otherwise specified in the contract documents, and states that they will repair or replace without cost to Okaloosa County, any imperfection in whole or in part which may develop in the work during the period above stated. Required bonds %. & in effect forthe initial two (2) years of this warranty. 6 SIGNATURE: NAME: Ron Baling” (Typed or Printed) TITLE: PRES dent of_Ameritan Suneraft Co. Wr. (Contractor) State of Oh 10 County of Clq KK Before me this day personally appeared, am Bo Ine who, being first duly sworn, deposes