Okaloosa County BOCC — March 4, 2014 — reading text

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: Repair & Paint Countryview & Bluewater Tanks (2014) 00800-2 Job No. 41-459 Packet Pg. 228 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. 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 Repair & Paint Countryview & Bluewater Tanks (2014) 00800-3 Job No. 41-459 Packet Pg. 229  OR c.) Combined Single Limit (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 Repair & Paint Countryview & Bluewater Tanks (2014) 00800-4 Job No. 41-459 Packet Pg. 230 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 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) days following the Effective Date of the Agreement, all Subcontractors shall be identified. SC-6.06.C 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. SC-6.13 The following paragraphs shall apply in addition to the requirements in 6.13 of the General Conditions: CONTRACTOR agrees to waive any claim against OWNER and OWNER’s agents, architects, engineers, consultants, and their employees acting within the scope of their duties, and to defend, indemnify, and hold them harmless from any claim or liability for injury or loss that allegedly arises from CONTRACTOR’s performance of the work described herein. CONTRACTOR will require all SUBCONTRACTORS to conform with this provision before they start any work. CONTRACTOR shall insure this provision in conformity with the insurance provisions of this CONTRACT. Until final acceptance of the Work by the ENGINEER as evidenced by approval of the final estimate, the Work shall be in the custody and under the charge and care of the CONTRACTOR and he shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from execution or from the non-execution of the Work, unless otherwise provided for elsewhere in the Specifications or Contract. The CONTRACTOR shall rebuild, repair, restore and make good, without extra compensation, all injuries or damages to any portion of the work occasioned by any of the above causes before its completion and acceptance, and shall bear the expenses thereof. In case of suspension of the Work from any cause whatever, the CONTRACTOR shall be responsible for all Repair & Paint Countryview & Bluewater Tanks (2014) 00800-5 Job No. 41-459 Packet Pg. 231 materials and equipment and shall properly store them if necessary and shall provide suitable