Okaloosa County BOCC — March 4, 2014 — reading text

agents, or employees any duty or authority to supervise or direct the performance of B. The requirements of the Contract Documents may the Work or any duty or authority to undertake be supplemented, and minor variations and deviations in responsibility inconsistent with the provisions of the the Work may be authorized, by one or more of the Contract Documents. following ways: (i) a Field Order; (ii) ENGINEER’s approval of a Shop Drawing or Sample; or (iii) 3.03 Reporting and Resolving Discrepancies ENGINEER’s written interpretation or clarification. A. Reporting Discrepancies 3.05 Reuse of Documents 1. If, during the performance of the Work, A. CONTRACTOR and any Subcontractor or CONTRACTOR discovers any conflict, error, Supplier or other individual or entity performing or ambiguity, or discrepancy within the Contract furnishing any of the Work under a direct or indirect Documents or between the Contract Documents and contract with OWNER: (i) shall not have or acquire any any provision of any Law or Regulation applicable title to or ownership rights in any of the Drawings, to the performance of the Work or of any standard, Specifications, or other documents (or copies of any specification, manual or code, or of any instruction thereof) prepared by or bearing the seal of ENGINEER or of any Supplier, CONTRACTOR shall report it to ENGINEER’s Consultant, including electronic media ENGINEER in writing at once. CONTRACTOR editions; and (ii) shall not reuse any of such Drawings, shall not proceed with the Work affected thereby Specifications, other documents, or copies thereof on (except in an emergency as required by paragraph extensions of the Project or any other project without 6.16.A) until an amendment or supplement to the written consent of OWNER and ENGINEER and specific Contract Documents has been issued by one of the written verification or adaption by ENGINEER. This methods indicated in paragraph 3.04; provided, prohibition will survive final payment, completion, and however, that CONTRACTOR shall not be liable to acceptance of the Work, or termination or completion of OWNER or ENGINEER for failure to report any the Contract. Nothing herein shall preclude such conflict, error, ambiguity, or discrepancy CONTRACTOR from retaining copies of the Contract unless CONTRACTOR knew or reasonably should Documents for record purposes. have known thereof. B. Resolving Discrepancies ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; 1. Except as may be otherwise specifically REFERENCE POINTS stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in 4.01 Availability of Lands resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract A. OWNER shall furnish the Site. OWNER shall Documents and: notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of a. the provisions of any standard, the Site with which CONTRACTOR must comply in specification, manual, code, or instruction performing the Work. OWNER will obtain in a timely (whether or not specifically incorporated by manner and pay for easements for permanent structures or reference in the Contract Documents); or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on b. the provisions of any Laws or entitlement to or on the amount or extent, if any, of any Regulations applicable to the performance of the adjustment in the Contract Price or Contract Times, or both, Work (unless such an interpretation of the as a result of any delay in OWNER’s furnishing the Site, provisions of the Contract Documents would CONTRACTOR may make a Claim therefor as provided in result in violation of such Law or Regulation). paragraph 10.05. General Conditions Page 00700-11 Packet Pg. 194  4.03 Differing Subsurface or Physical Conditions B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION legal title and legal description of the lands upon which the 00800) Work is to be performed and OWNER’s interest therein as necessary for giving notice of or filing a mechanic's or A. Notice: If CONTRACTOR believes that any construction lien against such lands in accordance with subsurface or physical condition at or contiguous to the Site applicable Laws and Regulations. that is uncovered or revealed either: C. CONTRACTOR shall provide for all additional 1. is of such a nature as to establish that any lands and access thereto that may be required for temporary “technical data” on which CONTRACTOR is construction facilities or storage of materials and equip- entitled to rely as provided in paragraph 4.02 is ment. materially inaccurate; or 4.02 Subsurface and Physical Conditions 2. is of such a nature as to require a change in the Contract Documents; or A. Reports and Drawings: The Supplementary Conditions identify: 3. differs materially from that shown or indicated in the Contract Documents; or 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site 4. is of an unusual nature, and differs materially from that ENGINEER has used in preparing the Contract conditions ordinarily encountered and generally recognized Documents; and as inherent in work of the character provided for in the Contract Documents; 2. those drawings of physical conditions in or relating to existing surface or subsurface then CONTRACTOR shall, promptly after becoming aware structures at or contiguous to the Site (except thereof and before further disturbing the subsurface or Underground Facilities) that ENGINEER has used physical conditions or performing any Work in connection in preparing the Contract Documents. therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about B. Limited Reliance by CONTRACTOR on Technical such condition. CONTRACTOR shall not further disturb Data Authorized: CONTRACTOR may rely upon the such condition or perform any Work in connection general accuracy of the “technical data” contained in such therewith (except as aforesaid) until receipt of written order reports and drawings, but such reports and drawings are not to do so. Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on B. ENGINEER’s Review: After receipt of written such “technical data,” CONTRACTOR may not rely upon notice as required by paragraph 4.03.A, ENGINEER will or make any Claim against OWNER, ENGINEER, or any promptly review the pertinent condition, determine the of ENGINEER’s Consultants with respect to: necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing 1. the completeness of such reports and (with a copy to CONTRACTOR) of ENGINEER’s drawings for CONTRACTOR’s purposes, includ- findings and conclusions. ing, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of C. Possible Price and Times Adjustments construction to be employed by CONTRACTOR, and safety precautions and programs incident 1. The Contract Price or the Contract thereto; or Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface 2. other data, interpretations, opinions, and or physical condition causes an increase or decrease information contained in such reports or shown or in CONTRACTOR’s cost of, or time required for, indicated in such drawings; or performance of the Work; subject, however, to the following: 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any a. such condition must meet any one or such other data, interpretations, opinions, or more of the categories described in paragraph information. 4.03.A; and General Conditions Page 00700-12 Packet Pg. 195  b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract 1. OWNER and ENGINEER shall not be Price will be subject to the provisions of para- responsible for the accuracy or completeness of any graphs 9.08 and 11.03. such information or data; and 2. CONTRACTOR shall not be entitled to 2. the cost of all of the following will be any adjustment in the Contract Price or Contract included in the Contract Price, and CONTRACTOR Times if: shall have full responsibility for: a. CONTRACTOR knew of the existence a. reviewing and checking all such of such conditions at the time