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

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 resolution costs) arising out of use, and other similar taxes required to be paid by or relating to any infringement of patent rights or CONTRACTOR in accordance with the Laws and copyrights incident to the use in the performance of the Regulations of the place of the Project which are applicable Work or resulting from the incorporation in the Work of during the performance of the Work. any invention, design, process, product, or device not specified in the Contract Documents. 6.11 Use of Site and Other Areas 6.08 Permits A. Limitation on Use of Site and Other Areas A. Unless otherwise provided in the Supplementary 1. CONTRACTOR shall confine Conditions, CONTRACTOR shall obtain and pay for all construction equipment, the storage of materials and construction permits and licenses. OWNER shall assist equipment, and the operations of workers to the Site CONTRACTOR, when necessary, in obtaining such and other areas permitted by Laws and Regulations, permits and licenses. CONTRACTOR shall pay all and shall not unreasonably encumber the Site and governmental charges and inspection fees necessary for the other areas with construction equipment or other prosecution of the Work which are applicable at the time of materials or equipment. CONTRACTOR shall opening of Bids, or, if there are no Bids, on the Effective assume full responsibility for any damage to any Date of the Agreement. CONTRACTOR shall pay all such land or area, or to the owner or occupant charges of utility owners for connections to the Work, and thereof, or of any adjacent land or areas resulting OWNER shall pay all charges of such utility owners for from the performance of the Work. capital costs related thereto, such as plant investment fees. 2. Should any claim be made by any such 6.09 Laws and Regulations owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle A. CONTRACTOR shall give all notices and comply with such other party by negotiation or otherwise with all Laws and Regulations applicable to the resolve the claim by arbitration or other dispute performance of the Work. Except where otherwise resolution proceeding or at law. expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for 3. To the fullest extent permitted by Laws monitoring CONTRACTOR’s compliance with any Laws and Regulations, CONTRACTOR shall indemnify or Regulations. and hold harmless OWNER, ENGINEER, ENGINEER’s Consultant, and the officers, B. If CONTRACTOR performs any Work knowing directors, partners, employees, agents, and other or having reason to know that it is contrary to Laws or consultants of each and any of them from and Regulations, CONTRACTOR shall bear all claims, costs, against all claims, costs, losses, and damages General Conditions Page 00700-22  (including but not limited to all fees and charges of 1. all persons on the Site or who may be engineers, architects, attorneys, and other affected by the Work; professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to 2. all the Work and materials and equip- any claim or action, legal or equitable, brought by ment to be incorporated therein, whether in storage any such owner or occupant against OWNER, on or off the Site; and ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon 3. other property at the Site or adjacent CONTRACTOR's performance of the Work. thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and B. Removal of Debris During Performance of the Underground Facilities not designated for removal, Work: During the progress of the Work CONTRACTOR relocation, or replacement in the course of shall keep the Site and other areas free from accumulations construction. of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris B. CONTRACTOR shall comply with all applicable shall conform to applicable Laws and Regulations. Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from C. Cleaning: Prior to Substantial Completion of the damage, injury, or loss; and shall erect and maintain all Work CONTRACTOR shall clean the Site and make it necessary safeguards for such safety and protection. ready for utilization by OWNER. At the completion of the CONTRACTOR shall notify owners of adjacent property Work CONTRACTOR shall remove from the Site all tools, and of Underground Facilities and other utility owners appliances, construction equipment and machinery, and when prosecution of the Work may affect them, and shall surplus materials and shall restore to original condition all cooperate with them in the protection, removal, relocation, property not designated for alteration by the Contract and replacement of their property. All damage, injury, or Documents. loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, D. Loading Structures: CONTRACTOR shall not by CONTRACTOR, any Subcontractor, Supplier, or any load nor permit any part of any structure to be loaded in any other individual or entity directly or indirectly employed by manner that will endanger the structure, nor shall any of them to perform any of the Work, or anyone for CONTRACTOR subject any part of the Work or adjacent whose acts any of them may be liable, shall be remedied by property to stresses or pressures that will endanger it. CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or 6.12 Record Documents omissions of OWNER or ENGINEER or ENGINEER’s Consultant, or anyone employed by any of them, or anyone A. CONTRACTOR shall maintain in a safe place at for whose acts any of them may be liable, and not the Site one record copy of all Drawings, Specifications, attributable, directly or indirectly, in whole or in part, to the Addenda, Written Amendments, Change Orders, Work fault or negligence of CONTRACTOR or any Change Directives, Field Orders, and written interpretations Subcontractor, Supplier, or other individual or entity and clarifications in good order and annotated to show directly or indirectly employed by any of them). changes made during construction. These record CONTRACTOR’s duties and responsibilities for safety and documents together with all approved Samples and a for protection of the Work shall continue until such time as counterpart of all approved Shop Drawings will be all the Work is completed and ENGINEER has issued a available to ENGINEER for reference. Upon completion notice to OWNER and CONTRACTOR in accordance of the Work, these record documents, Samples, and Shop with paragraph 14.07.B that the Work is acceptable (except Drawings will be delivered to ENGINEER for OWNER. as otherwise expressly provided in connection with Substantial Completion). 6.13 Safety and Protection 6.14 Safety Representative SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION 00800) A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties A. CONTRACTOR shall be solely responsible for and responsibilities shall be the prevention of accidents and initiating, maintaining and supervising all safety precau- the maintaining and supervising of safety precautions and tions and programs in connection with the Work. programs. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: General Conditions Page 00700-23 6.15 Hazard Communication Programs D. Submittal Procedures A. CONTRACTOR shall be responsible for coordi- 1. Before submitting each Shop Drawing or nating any exchange of material safety data sheets or other Sample, CONTRACTOR shall have determined and hazard communication information required to be made verified: available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. a. all field measurements, quantities, dimensions, specified performance criteria, 6.16 Emergencies installation requirements, materials, catalog