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

and whether or not caused in part by any negligence or omission of an individual or entity indemnified 2. if OWNER and CONTRACTOR are hereunder or whether liability is imposed upon such unable to agree on entitlement to or on the amount indemnified party by Laws and Regulations regard- or extent, if any, of any adjustment in the Contract less of the negligence of any such individual or Price or Contract Times that should be allowed as a entity. result of such other work, a Claim may be made therefore as provided in paragraph 10.05. B. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, B. CONTRACTOR shall afford each other officers, directors, partners, or employees by any employee contractor who is a party to such a direct contract and each (or the survivor or personal representative of such utility owner (and OWNER, if OWNER is performing the employee) of CONTRACTOR, any Subcontractor, any other work with OWNER’s employees) proper and safe Supplier, or any individual or entity directly or indirectly access to the Site and a reasonable opportunity for the employed by any of them to perform any of the Work, or introduction and storage of materials and equipment and anyone for whose acts any of them may be liable, the the execution of such other work and shall properly indemnification obligation under paragraph 6.20.A shall coordinate the Work with theirs. Unless otherwise not be limited in any way by any limitation on the amount provided in the Contract Documents, CONTRACTOR or type of damages, compensation, or benefits payable by shall do all cutting, fitting, and patching of the Work that or for CONTRACTOR or any such Subcontractor, may be required to properly connect or otherwise make its Supplier, or other individual or entity under workers’ several parts come together and properly integrate with compensation acts, disability benefit acts, or other such other work. CONTRACTOR shall not endanger any employee benefit acts. work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the C. The indemnification obligations of CONTRAC- written consent of ENGINEER and the others whose work TOR under paragraph 6.20.A shall not extend to the will be affected. The duties and responsibilities of liability of ENGINEER and ENGINEER’s Consultants or CONTRACTOR under this paragraph are for the benefit of to the officers, directors, partners, employees, agents, and such utility owners and other contractors to the extent that other consultants and subcontractors of each and any of there are comparable provisions for the benefit of them arising out of: CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, C. If the proper execution or results of any part of opinions, reports, surveys, Change Orders, designs, CONTRACTOR’s Work depends upon work performed by or Specifications; or others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in 2. giving directions or instructions, or writing any delays, defects, or deficiencies in such other failing to give them, if that is the primary cause of work that render it unavailable or unsuitable for the proper the injury or damage. execution and results of CONTRACTOR’s Work. CONTRACTOR’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR’s Work except for latent defects and deficiencies in such other work. General Conditions Page 00700-26 7.02 Coordination of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing A. If OWNER intends to contract with others for the surface or subsurface structures at or contiguous to the Site performance of other work on the Project at the Site, the that have been utilized by ENGINEER in preparing the following will be set forth in Supplementary Conditions: Contract Documents. 1. the individual or entity who will have 8.06 Insurance authority and responsibility for coordination of the activities among the various contractors will be A. OWNER’s responsibilities, if any, in respect to identified; purchasing and maintaining liability and property insurance are set forth in Article 5. 2. the specific matters to be covered by such authority and responsibility will be itemized; 8.07 Change Orders and A. OWNER is obligated to execute Change Orders as 3. the extent of such authority and responsi- indicated in paragraph 10.03. bilities will be provided. 8.08 Inspections, Tests, and Approvals B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- A. OWNER’s responsibility in respect to certain sibility for such coordination. inspections, tests, and approvals is set forth in paragraph 13.03.B. ARTICLE 8 - OWNER’S RESPONSIBILITIES 8.09 Limitations on OWNER’s Responsibilities ______________________________________________ A. The OWNER shall not supervise, direct, or have 8.01 Communications to Contractor control or authority over, nor be responsible for, CONTRACTOR’s means, methods, techniques, sequences, A. Except as otherwise provided in these General or procedures of construction, or the safety precautions and Conditions, OWNER shall issue all communications to programs incident thereto, or for any failure of CON- CONTRACTOR through ENGINEER. TRACTOR to comply with Laws and Regulations applica- ble to the performance of the Work. OWNER will not be 8.02 Replacement of ENGINEER responsible for CONTRACTOR’s failure to perform the Work in accordance with the Contract Documents. A. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer to whom 8.10 Undisclosed Hazardous Environmental CONTRACTOR makes no reasonable objection, whose Condition status under the Contract Documents shall be that of the former ENGINEER. A. OWNER’s responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in 8.03 Furnish Data paragraph 4.06. A. OWNER shall promptly furnish the data required 8.11 Evidence of Financial Arrangements of OWNER under the Contract Documents. A. If and to the extent OWNER has agreed to furnish 8.04 Pay Promptly When Due CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER’s A. OWNER shall make payments to CONTRAC- obligations under the Contract Documents, OWNER’s TOR promptly when they are due as provided in responsibility in respect thereof will be as set forth in the paragraphs 14.02.C and 14.07.C. Supplementary Conditions. 8.05 Lands and Easements; Reports and Tests A. OWNER’s duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER’s identifying and making available to CONTRACTOR copies of reports General Conditions Page 00700-27 ARTICLE 9 - ENGINEER’S STATUS DURING the responsibilities and authority and limitations thereon of CONSTRUCTION such other individual or entity will be as provided in the ______________________________________________ Supplementary Conditions. 9.01 OWNER’S Representative 9.04 Clarifications and Interpretations A. ENGINEER will be OWNER’s representative A. ENGINEER will issue with reasonable prompt- during the construction period. The duties and responsi- ness such written clarifications or interpretations of the bilities and the limitations of authority of ENGINEER as requirements of the Contract Documents as ENGINEER OWNER’s representative during construction are set forth may determine necessary, which shall be consistent with in the Contract Documents and will not be changed without the intent of and reasonably inferable from the Contract written consent of OWNER and ENGINEER. Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If 9.02 Visits to Site OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any A. ENGINEER will make visits to the Site at inter- adjustment in the Contract Price or Contract Times, or both, vals appropriate to the various stages of construction as that should be allowed as a result of a written clarification ENGINEER deems necessary in order to observe as an or interpretation, a Claim may be made therefor as provided experienced and qualified design professional the progress in paragraph 10.05. that has been made and the quality of the various aspects of CONTRACTOR’s executed Work. Based on