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

unsafe, or does not agree 1. the completeness of such reports and to resume such Work under such special conditions, then drawings for CONTRACTOR’s purposes, OWNER may order the portion of the Work that is in the including, but not limited to, any aspects of the area affected by such condition to be deleted from the means, methods, techniques, sequences and Work. If OWNER and CONTRACTOR cannot agree as to procedures of construction to be employed by entitlement to or on the amount or extent, if any, of an CONTRACTOR and safety precautions and adjustment in Contract Price or Contract Times as a result programs incident thereto; or of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. 2. other data, interpretations, opinions and OWNER may have such deleted portion of the Work information contained in such reports or shown or performed by OWNER’s own forces or others in accor- indicated in such drawings; or dance with Article 7. 3. any CONTRACTOR interpretation of or G. To the fullest extent permitted by Laws and conclusion drawn from any “technical data” or any Regulations, OWNER shall indemnify and hold harmless General Conditions Page 00700-14 CONTRACTOR, Subcontractors, ENGINEER, or Regulations, and shall be executed by such sureties as ENGINEER’s Consultants and the officers, directors, are named in the current list of “Companies Holding partners, employees, agents, other consultants, and Certificates of Authority as Acceptable Sureties on Federal subcontractors of each and any of them from and against all Bonds and as Acceptable Reinsuring Companies” as claims, costs, losses, and damages (including but not published in Circular 570 (amended) by the Financial limited to all fees and charges of engineers, architects, Management Service, Surety Bond Branch, U.S. attorneys, and other professionals and all court or Department of the Treasury. All Bonds signed by an agent arbitration or other dispute resolution costs) arising out of must be accompanied by a certified copy of such agent’s or relating to a Hazardous Environmental Condition, authority to act. provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or C. If the surety on any Bond furnished by CON- Specifications or identified in the Contract Documents to be TRACTOR is declared bankrupt or becomes insolvent or included within the scope of the Work, and (ii) was not its right to do business is terminated in any state where any created by CONTRACTOR or by anyone for whom part of the Project is located or it ceases to meet the CONTRACTOR is responsible. Nothing in this paragraph requirements of paragraph 5.01.B, CONTRACTOR shall 4.06.E shall obligate OWNER to indemnify any individual within 20 days thereafter substitute another Bond and or entity from and against the consequences of that surety, both of which shall comply with the requirements of individual’s or entity’s own negligence. paragraphs 5.01.B and 5.02. H. To the fullest extent permitted by Laws and 5.02 Licensed Sureties and Insurers Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER’s Consul- A. All Bonds and insurance required by the Contract tants, and the officers, directors, partners, employees, Documents to be purchased and maintained by OWNER or agents, other consultants, and subcontractors of each and CONTRACTOR shall be obtained from surety or insurance any of them from and against all claims, costs, losses, and companies that are duly licensed or authorized in the damages (including but not limited to all fees and charges jurisdiction in which the Project is located to issue Bonds or of engineers, architects, attorneys, and other professionals insurance policies for the limits and coverages so required. and all court or arbitration or other dispute resolution costs) Such surety and insurance companies shall also meet such arising out of or relating to a Hazardous Environmental additional requirements and qualifications as may be Condition created by CONTRACTOR or by anyone for provided in the Supplementary Conditions. whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to 5.03 Certificates of Insurance indemnify any individual or entity from and against the consequences of that individual’s or entity’s own A. CONTRACTOR shall deliver to OWNER, with negligence. copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other I. The provisions of paragraphs 4.02, 4.03, and evidence of insurance requested by OWNER or any other 4.04 are not intended to apply to a Hazardous additional insured) which CONTRACTOR is required to Environmental Condition uncovered or revealed at the purchase and maintain. OWNER shall deliver to Site. CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of ARTICLE 5 - BONDS AND INSURANCE insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured) which 5.01 Performance, Payment, and Other Bonds OWNER is required to purchase and maintain. A. CONTRACTOR shall furnish performance and 5.04 CONTRACTOR’s Liability Insurance payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION payment of all CONTRACTOR’s obligations under the 00800) Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment A. CONTRACTOR shall purchase and maintain such becomes due, except as provided otherwise by Laws or liability and other insurance as is appropriate for the Work Regulations or by the Contract Documents. being performed and as will provide protection from claims CONTRACTOR shall also furnish such other Bonds as are set forth below which may arise out of or result from required by the Contract Documents. CONTRACTOR’s performance of the Work and CONTRACTOR’s other obligations under the Contract B. All Bonds shall be in the form prescribed by the Documents, whether it is to be performed by Contract Documents except as provided otherwise by Laws CONTRACTOR, any Subcontractor or Supplier, or by General Conditions Page 00700-15 anyone directly or indirectly employed by any of them to 3. include completed operations insurance; perform any of the Work, or by anyone for whose acts any of them may be liable: 4. include contractual liability insurance covering CONTRACTOR’s indemnity obligations 1. claims under workers’ compensation, under paragraphs 6.07, 6.11, and 6.20; disability benefits, and other similar employee benefit acts; 5. contain a provision or endorsement that the coverage afforded will not be canceled, 2. claims for damages because of bodily materially changed or renewal refused until at least injury, occupational sickness or disease, or death of thirty days prior written notice has been given to CONTRACTOR’s employees; OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary 3. claims for damages because of bodily Conditions to whom a certificate of insurance has injury, sickness or disease, or death of any person been issued (and the certificates of insurance other than CONTRACTOR’s employees; furnished by the CONTRACTOR pursuant to paragraph 5.03 will so provide); 4. claims for damages insured by reasonably available personal injury liability 6. remain in effect at least until final coverage which are sustained: (i) by any person as a payment and at all times thereafter when CON- result of an offense directly or indirectly related to TRACTOR may be correcting, removing, or replac- the employment of such person by ing defective Work in accordance with paragraph CONTRACTOR, or (ii) by any other person for any 13.07; and other reason; 7. with respect to completed operations 5. claims for damages, other than to the insurance, and any insurance coverage written on a Work itself, because of injury to or destruction of claims-made basis, remain in effect for at least two tangible property wherever located, including loss years after final payment (and CONTRACTOR of use resulting there from; and shall furnish OWNER and each other additional insured identified in the Supplementary Conditions, 6. claims for damages because of bodily to whom a certificate of insurance has been issued, injury or death of any person or property damage evidence satisfactory to OWNER and any such arising out of the ownership, maintenance or use of additional insured of continuation of such insurance any motor vehicle. at final payment and one year thereafter). B. The policies of insurance so required by this 5.05 OWNER’s Liability Insurance paragraph 5.04 to be purchased and maintained shall: A. In addition to the insurance required to be provid- 1. with respect to insurance required by ed by CONTRACTOR under paragraph 5.04, OWNER, at paragraphs 5.04.A.3 through 5.04.A.6 inclusive,