Okaloosa County BOCC — November 1, 2016 — Agreement for Consulting Services — reading text

protect, reimburse, and indemnify the County and assume all liability for its tax and assessment obligations under the terms of this AGREEMENT. 13.17. CONSULTANT’s Personnel at Construction Site. 13.17.1. The presence or duties of CONSULTANT's personnel at a construction site, whether as onsite representatives or otherwise, does not make CONSULTANT or CONSULTANT's personnel in any way responsible for those duties that belong to the Client and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction contract documents and any health or safety precautions required by such construction work. 13.17.2. CONSULTANT and CONSULTANT's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor(s) or other entity or any other persons at the site except CONSULTANT's own personnel. 13.17.3. The presence of CONSULTANT's personnel at a construction site is for the purpose of providing to the County a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). CONSULTANT neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. SECTION 14. SPECIAL PROVISIONS, EXHIBITS AND SCHEDULE 14.1. This AGREEMENT is subject to the following special provisions: 14.1.1. Opinions of Cost, Financial Considerations, and Schedules. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by 11‐13  AGREEMENT FOR ENGINEERING SERVICES Proposed Reclaimed Water Transmission Mains Project operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate cost or schedule. Therefore, CONSULTANT makes no warranty that actual costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. The County will employ an independent cost estimator, contractor, or other appropriate advisor if the County requires greater assurance as to any element of cost, feasibility, or schedule. 14.1.2. Advertisements, Permits, and Access. Unless otherwise agreed to in Exhibit A-Scope of Services , the County will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of- way, and access necessary for CONSULTANT's services or Project construction. 14.1.3. CONSULTANT’s Deliverables. CONSULTANT’s deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer-generated drawing files furnished by CONSULTANT are for the County’s convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 14.1.4. Legal Assistance. The Scope of Services in this AGREEMENT does not include costs of CONSULTANT for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the County. All such services required or requested of CONSULTANT by the County, except for suits or claims between the parties to this AGREEMENT, or where both are parties to a suit or claim, will be reimbursed to the County as mutually agreed, and payment for such services will be in accordance with a separate fully executed written Amendment to this AGREEMENT. 14.1.5. Audit. The County or its designee shall have the right from time to time at is sole expense to audit the compliance by the CONSULTANT with the terms, conditions, obligations, limitations, restrictions and requirements of this AGREEMENT and such right shall extend for a period of five (5) years after termination of this AGREEMENT. SECTION 15. AUTHORIZATION FOR EXECUTION 15.1.1. Execution Authority. This AGREEMENT is a valid and authorized undertaking of the County and CONSULTANT. The representatives of the County and CONSULTANT who have signed below have been authorized to do so. 12‐13