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

numbers, and similar information with respect A. In emergencies affecting the safety or protection thereto; of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent b. all materials with respect to intended use, threatened damage, injury, or loss. CONTRACTOR shall fabrication, shipping, handling, storage, give ENGINEER prompt written notice if CONTRACTOR assembly, and installation pertaining to the believes that any significant changes in the Work or performance of the Work; variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER c. all information relative to means, determines that a change in the Contract Documents is methods, techniques, sequences, and procedures required because of the action taken by CONTRACTOR in of construction and safety precautions and response to such an emergency, a Work Change Directive programs incident thereto; and or Change Order will be issued. d. CONTRACTOR shall also have 6.17 Shop Drawings and Samples reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and A. CONTRACTOR shall submit Shop Drawings to Samples and with the requirements of the Work ENGINEER for review and approval in accordance with and the Contract Documents. the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER 2. Each submittal shall bear a stamp or may require and in the number of copies specified in the specific written indication that CONTRACTOR has General Requirements. The data shown on the Shop satisfied CONTRACTOR’s obligations under the Drawings will be complete with respect to quantities, Contract Documents with respect to dimensions, specified performance and design criteria, CONTRACTOR’s review and approval of that materials, and similar data to show ENGINEER the submittal. services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review 3. At the time of each submittal, CON- the information for the limited purposes required by TRACTOR shall give ENGINEER specific written paragraph 6.17.E. notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the B. CONTRACTOR shall also submit Samples to requirements of the Contract Documents, such ENGINEER for review and approval in accordance with notice to be in a written communication separate the acceptable schedule of Shop Drawings and Sample from the submittal; and, in addition, shall cause a submittals. Each Sample will be identified clearly as to specific notation to be made on each Shop Drawing material, Supplier, pertinent data such as catalog numbers, and Sample submitted to ENGINEER for review and the use for which intended and otherwise as and approval of each such variation. ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph E. ENGINEER’s Review 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance C. Where a Shop Drawing or Sample is required by with the schedule of Shop Drawings and Sample the Contract Documents or the schedule of Shop Drawings submittals acceptable to ENGINEER. and Sample submittals acceptable to ENGINEER as ENGINEER’s review and approval will be only to required by paragraph 2.07, any related Work performed determine if the items covered by the submittals prior to ENGINEER’s review and approval of the pertinent will, after installation or incorporation in the Work, submittal will be at the sole expense and responsibility of conform to the information given in the Contract CONTRACTOR. Documents and be compatible with the design General Conditions Page 00700-24  concept of the completed Project as a functioning warranty and guarantee hereunder excludes defects or whole as indicated by the Contract Documents. damage caused by: 2. ENGINEER’s review and approval will 1. abuse, modification, or improper main- not extend to means, methods, techniques, tenance or operation by persons other than CON- sequences, or procedures of construction (except TRACTOR, Subcontractors, Suppliers, or any other where a particular means, method, technique, individual or entity for whom CONTRACTOR is sequence, or procedure of construction is responsible; or specifically and expressly called for by the Contract Documents) or to safety precautions or programs 2. normal wear and tear under normal incident thereto. The review and approval of a usage. separate item as such will not indicate approval of the assembly in which the item functions. B. CONTRACTOR’s obligation to perform and complete the Work in accordance with the Contract 3. ENGINEER’s review and approval of Documents shall be absolute. None of the following will Shop Drawings or Samples shall not relieve CON- constitute an acceptance of Work that is not in accordance TRACTOR from responsibility for any variation with the Contract Documents or a release of from the requirements of the Contract Documents CONTRACTOR’s obligation to perform the Work in unless CONTRACTOR has in writing called accordance with the Contract Documents: ENGINEER’s attention to each such variation at the time of each submittal as required by paragraph 1. observations by ENGINEER; 6.17.D.3 and ENGINEER has given written approval of each such variation by specific written 2. recommendation by ENGINEER or notation thereof incorporated in or accompanying payment by OWNER of any progress or final the Shop Drawing or Sample approval; nor will any payment; approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the require- 3. the issuance of a certificate of Substantial ments of paragraph 6.17.D.1. Completion by ENGINEER or any payment related thereto by OWNER; F. Resubmittal Procedures 4. use or occupancy of the Work or any 1. CONTRACTOR shall make corrections part thereof by OWNER; required by ENGINEER and shall return the required number of corrected copies of Shop 5. any acceptance by OWNER or any Drawings and submit as required new Samples for failure to do so; review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than 6. any review and approval of a Shop the corrections called for by ENGINEER on Drawing or Sample submittal or the issuance of a previous submittals. notice of acceptability by ENGINEER; 6.18 Continuing the Work 7. any inspection, test, or approval by others; or A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or 8. any correction of defective Work by disagreements with OWNER. No Work shall be delayed or OWNER. postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.04 or 6.20 Indemnification as OWNER and CONTRACTOR may otherwise agree in writing. A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold 6.19 CONTRACTOR’s General Warranty and harmless OWNER, ENGINEER, ENGINEER’s Consul- Guarantee tants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each A. CONTRACTOR warrants and guarantees to and any of them from and against all claims, costs, losses, OWNER, ENGINEER, and ENGINEER’s Consultants that and damages (including but not limited to all fees and all Work will be in accordance with the Contract charges of engineers, architects, attorneys, and other Documents and will not be defective. CONTRACTOR’s professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the perfor- General Conditions Page 00700-25 mance of the Work, provided that any such claim, cost, ARTICLE 7 - OTHER WORK loss, or damage: ______________________________________________ 1. is attributable to bodily injury, sickness, 7.01 Related Work at Site disease, or death, or to injury to or destruction of tangible property (other than the Work itself), A. OWNER may perform other work related to the including the loss of use resulting therefrom; and Project at the Site by OWNER’s employees, or let other direct contracts therefor, or have other work performed by 2. is caused in whole or in part by any utility owners. If such other work is not noted in the negligent act or omission of CONTRACTOR, any Contract Documents, then: Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of 1. written notice thereof will be given to them to perform any of the Work or anyone for CONTRACTOR prior to starting any such other whose acts any of them may be liable, regardless of work;