Okaloosa County BOCC — March 4, 2014 — reading text

ENGINEER. CONTRACTOR shall submit equipment proposed is essentially equivalent to sufficient information to allow ENGINEER, in that named and an acceptable substitute therefor. ENGINEER’s sole discretion, to determine that the Requests for review of proposed substitute substitute proposed is equivalent to that expressly called for items of material or equipment will not be by the Contract Documents. The procedure for review by accepted by ENGINEER from anyone other ENGINEER will be similar to that provided in sub than CONTRACTOR. paragraph 6.05.A.2. c. The procedure for review by ENGI- C. Engineer’s Evaluation: ENGINEER will be NEER will be as set forth in paragraph allowed a reasonable time within which to evaluate each 6.05.A.2.d, as supplemented in the General proposal or submittal made pursuant to paragraphs 6.05.A Requirements and as ENGINEER may decide is and 6.05.B. ENGINEER will be the sole judge of appropriate under the circumstances. acceptability. No “or-equal” or substitute will be ordered, installed or utilized until ENGINEER’s review is complete, d. CONTRACTOR shall first make written which will be evidenced by either a Change Order for a application to ENGINEER for review of a substitute or an approved Shop Drawing for an “or equal.” proposed substitute item of material or ENGINEER will advise CONTRACTOR in writing of any equipment that CONTRACTOR seeks to furnish negative determination. or use. The application shall certify that the proposed substitute item will perform ade- D. Special Guarantee: OWNER may require quately the functions and achieve the results CONTRACTOR to furnish at CONTRACTOR’s expense a called for by the general design, be similar in special performance guarantee or other surety with respect substance to that specified, and be suited to the to any substitute. same use as that specified. The application will General Conditions Page 00700-20 Packet Pg. 203  E. ENGINEER’s Cost Reimbursement: ENGINEER C. CONTRACTOR shall be fully responsible to will record time required by ENGINEER and OWNER and ENGINEER for all acts and omissions of the ENGINEER’s Consultants in evaluating substitute Subcontractors, Suppliers, and other individuals or entities proposed or submitted by CONTRACTOR pursuant to performing or furnishing any of the Work just as paragraphs 6.05.A.2 and 6.05.B and in making changes in CONTRACTOR is responsible for CONTRACTOR’s own the Contract Documents (or in the provisions of any other acts and omissions. Nothing in the Contract Documents direct contract with OWNER for work on the Project) shall create for the benefit of any such Subcontractor, occasioned thereby. Whether or not ENGINEER approves Supplier, or other individual or entity any contractual a substitute item so proposed or submitted by relationship between OWNER or ENGINEER and any CONTRACTOR, CONTRACTOR shall reimburse such Subcontractor, Supplier or other individual or entity, OWNER for the charges of ENGINEER and ENGINEER’s nor shall it create any obligation on the part of OWNER or Consultants for evaluating each such proposed substitute. ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or F. CONTRACTOR’s Expense: CONTRACTOR shall entity except as may otherwise be required by Laws and provide all data in support of any proposed substitute or Regulations. “or-equal” at CONTRACTOR’s expense. D. CONTRACTOR shall be solely responsible for 6.06 Concerning Subcontractors, Suppliers, and scheduling and coordinating the Work of Subcontractors, Others Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect A. CONTRACTOR shall not employ any Subcon- contract with CONTRACTOR. tractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph E. CONTRACTOR shall require all Subcontractors, 6.06.B), whether initially or as a replacement, against Suppliers, and such other individuals or entities performing whom OWNER may have reasonable objection. CON- or furnishing any of the Work to communicate with TRACTOR shall not be required to employ any Sub- ENGINEER through CONTRACTOR. contractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom F. The divisions and sections of the Specifications CONTRACTOR has reasonable objection. and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcon- SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION tractors or Suppliers or delineating the Work to be 00800) performed by any specific trade. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other G. All Work performed for CONTRACTOR by a individuals or entities to be submitted to OWNER in Subcontractor or Supplier will be pursuant to an appro- advance for acceptance by OWNER by a specified date priate agreement between CONTRACTOR and the prior to the Effective Date of the Agreement, and if Subcontractor or Supplier which specifically binds the CONTRACTOR has submitted a list thereof in accordance Subcontractor or Supplier to the applicable terms and with the Supplementary Conditions, OWNER’s acceptance conditions of the Contract Documents for the benefit of (either in writing or by failing to make written objection OWNER and ENGINEER. Whenever any such agreement thereto by the date indicated for acceptance or objection in is with a Subcontractor or Supplier who is listed as an the Bidding Documents or the Contract Documents) of any additional insured on the property insurance provided in such Subcontractor, Supplier, or other individual or entity so paragraph 5.06, the agreement between the identified may be revoked on the basis of reasonable CONTRACTOR and the Subcontractor or Supplier will objection after due investigation. CONTRACTOR shall contain provisions whereby the Subcontractor or Supplier submit an acceptable replacement for the rejected waives all rights against OWNER, CONTRACTOR, Subcontractor, Supplier, or other individual or entity, and ENGINEER, ENGINEER’s Consultants, and all other the Contract Price will be adjusted by the difference in the individuals or entities identified in the Supplementary cost occasioned by such replacement, and an appropriate Conditions to be listed as insureds or additional insureds Change Order will be issued or Written Amendment signed. (and the officers, directors, partners, employees, agents, and No acceptance by OWNER of any such Subcontractor, other consultants and subcontractors of each and any of Supplier, or other individual or entity, whether initially or as them) for all losses and damages caused by, arising out of, a replacement, shall constitute a waiver of any right of relating to, or resulting from any of the perils or causes of OWNER or ENGINEER to reject defective Work. loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION such policies require separate waiver forms to be signed by 00800) any Subcontractor or Supplier, CONTRACTOR will obtain the same. General Conditions Page 00700-21 Packet Pg. 204  losses, and damages (including but not limited to all fees 6.07 Patent Fees and Royalties and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute A. CONTRACTOR shall pay all license fees and resolution costs) arising out of or relating to such Work; royalties and assume all costs incident to the use in the however, it shall not be CONTRACTOR’s primary performance of the Work or the incorporation in the Work responsibility to make certain that the Specifications and of any invention, design, process, product, or device which Drawings are in accordance with Laws and Regulations, is the subject of patent rights or copyrights held by others. but this shall not relieve CONTRACTOR of If a particular invention, design, process, product, or device CONTRACTOR’s obligations under paragraph 3.03. is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of C. Changes in Laws or Regulations not known at the OWNER or ENGINEER its use is subject to patent rights time of opening of Bids (or, on the Effective Date of the or copyrights calling for the payment of any license fee or Agreement if there were no Bids) having an effect on the royalty to others, the existence of such rights shall be cost or time of performance of the Work may be the subject disclosed by OWNER in the Contract Documents. To the of an adjustment in Contract Price or Contract Times. If fullest extent permitted by Laws and Regulations, OWNER and CONTRACTOR are unable to agree on CONTRACTOR shall indemnify and hold harmless entitlement to or on the amount or extent, if any, of any OWNER, ENGINEER, ENGINEER’s Consultants, and the such adjustment, a Claim may be made therefore as officers, directors, partners, employees or agents, and other provided in paragraph 10.05. consultants of each and any of them from and against all claims, costs, losses, and damages (including but not 6.10 Taxes limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or A. CONTRACTOR shall pay all sales, consumer, arbitration or other dispute