Okaloosa County BOCC — March 4, 2014 — Repair & Paint Countryview & Bluewater Tanks — reading text

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  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 CONTRACTOR information and data, made a final commitment to OWNER in respect of Contract Price and Contract Times by the b. locating all Underground Facilities submission of a Bid or becoming bound under a shown or indicated in the Contract Documents, negotiated contract; or c. coordination of the Work with the b. the existence of such condition could owners of such Underground Facilities, reasonably have been discovered or revealed as including OWNER, during construction, and a result of any examination, investigation, exploration, test, or study of the Site and d. the safety and protection of all such contiguous areas required by the Bidding Underground Facilities and repairing any Requirements or Contract Documents to be damage thereto resulting from the Work. conducted by or for CONTRACTOR prior to CONTRACTOR's making such final com- B. Not Shown or Indicated mitment; or 1. If an Underground Facility is uncovered c. CONTRACTOR failed to give the or revealed at or contiguous to the Site which was written notice within the time and as required by not shown or indicated, or not shown or indicated paragraph 4.03.A. with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after 3. If OWNER and CONTRACTOR are becoming aware thereof and before further unable to agree on entitlement to or on the amount disturbing conditions affected thereby or performing or extent, if any, of any adjustment in the Contract any Work in connection therewith (except in an Price or Contract Times, or both, a Claim may be emergency as required by paragraph 6.16.A), made therefore as provided in paragraph 10.05. identify the owner of such Underground Facility However, OWNER, ENGINEER, and and give written notice to that owner and to ENGINEER’s Consultants shall not be liable to OWNER and ENGINEER. ENGINEER will CONTRACTOR for any claims, costs, losses, or promptly review the Underground Facility and damages (including but not limited to all fees and determine the extent, if any, to which a change is charges of engineers, architects, attorneys, and other required in the Contract Documents to reflect and professionals and all court or arbitration or other document the consequences of the existence or dispute resolution costs) sustained by location of the Underground Facility. During such CONTRACTOR on or in connection with any other time, CONTRACTOR shall be responsible for the project or anticipated project. safety and protection of such Underground Facility. 4.04 Underground Facilities 2. If ENGINEER concludes that a change SEE ALSO SUPPLEMENTARY CONDITIONS in the Contract Documents is required, a Work (SECTION 00800) Change Directive or a Change Order will be issued to reflect and document such consequences. An A. Shown or Indicated: The information and data equitable adjustment shall be made in the Contract shown or indicated in the Contract Documents with respect Price of Contract Times, or both, to the extent that to existing Underground Facilities at or contiguous to the they are attributable to the existence or location of Site is based on information and data furnished to OWNER any Underground Facility that was not shown or or ENGINEER by the owners of such Underground indicated or not shown or indicated with reasonable Facilities, including OWNER, or by others. Unless it is accuracy in the Contract Documents and that otherwise expressly provided in the Supplementary CONTRACTOR did not know of and could not Conditions: reasonably have been expected to be aware of or to General Conditions Page 00700-13  have anticipated. If OWNER and CONTRACTOR such other data, interpretations, opinions or are unable to agree on entitlement to or on the information. amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or C. CONTRACTOR shall not be responsible for any CONTRACTOR may make a Claim therefor as Hazardous Environmental Condition uncovered or revealed provided in paragraph 10.05. at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to 4.05 Reference Points be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition A. OWNER shall provide engineering surveys to created with any materials brought to the Site by establish reference points for construction which in CONTRACTOR, Subcontractors, Suppliers, or anyone else ENGINEER’s judgment are necessary to enable CON- for whom CONTRACTOR is responsible. TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect D. If CONTRACTOR encounters a Hazardous and preserve the established reference points and property Environmental Condition or if CONTRACTOR or anyone monuments, and shall make no changes or relocations for whom CONTRACTOR is responsible creates a without the prior written approval of OWNER. Hazardous Environmental Condition, CONTRACTOR CONTRACTOR shall report to ENGINEER whenever any shall immediately: (i) secure or otherwise isolate such reference point or property monument is lost or destroyed condition; (ii) stop all Work in connection with such or requires relocation because of necessary changes in condition and in any area affected thereby (except in an grades or locations, and shall be responsible for the emergency as required by paragraph 6.16); and (iii) notify accurate replacement or relocation of such reference points OWNER and ENGINEER (and promptly thereafter or property monuments by professionally qualified confirm such notice in writing). OWNER shall promptly personnel. consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such 4.06 Hazardous Environmental Condition at Site condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume A. Reports and Drawings: Reference is made to the Work in connection with such condition or in any affected Supplementary Conditions for the identification of those area until after OWNER has obtained any required permits reports and drawings relating to a Hazardous related thereto and delivered to CONTRACTOR written Environmental Condition identified at the Site, if any, that notice: (i) specifying that such condition and any affected have been utilized by the ENGINEER in the preparation of area is or has been rendered safe for the resumption of the Contract Documents. Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and B. Limited Reliance by CONTRACTOR on Technical CONTRACTOR cannot agree as to entitlement to or on the Data Authorized: CONTRACTOR may rely upon the amount or extent, if any, of any adjustment in Contract general accuracy of the “technical data” contained in such Price or Contract Times, or both, as a result of such Work reports and drawings, but such reports and drawings are not stoppage or such special conditions under which Work is Contract Documents. Such “technical data” is identified in agreed to be resumed by CONTRACTOR, either party may the Supplementary Conditions. Except for such reliance on make a Claim therefor as provided in paragraph 10.05. such “technical data,” CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any F. If after receipt of such written notice of ENGINEER’s Consultants with respect to: CONTRACTOR does not agree to resume such Work based on a reasonable belief it is