Okaloosa County BOCC — February 18, 2014 — Underground Electric Manhole — reading text

them may be liable, regardless of whether or not caused in part by an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws or Regulations. B. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRACTOR under paragraph 6.20.A shall not be limited in any way by the amount or types of insurance provided by CONTRACTOR under Article 5 of the General Conditions. D. The indemnification obligations of CONTRACTOR under paragraph 6.20.A shall not extend to the sole negligence or willful misconduct of OWNER, ENGINEER or ENGINEER’s Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them. 6.21 Delegation of Professional Design Services A. CONTRACTOR will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out CONTRACTOR’s responsibilities for construction means, methods, techniques, sequences and procedures. CONTRACTOR shall not be required to GENERAL CONDITIONS OKALOOSA COUNTY WATER AND SEWER DATE: 5/13/2012 00700-26 SECTION 00700 GENERAL CONDITIONS provide professional services in violation of applicable law. B. Ifprofessional design services or certification by a design professional related to systems, materials or equipment are specifically required of CONTRACTOR by the Contract Documents, OWNER and ENGINEER will specify all performance and design criteria that such services must satisfy. CONTRACTOR shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to ENGINEER. C. OWNER and ENGINEER shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided OWNER and ENGINEER have specified to CONTRACTOR all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, ENGINEER’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. ENGINEER’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.E.1. E. CONTRACTOR shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER’s employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: Russell Stephenson — Electrical Manhole Rehabilitation 1. written notice thereof will be given to CONTRACTOR prior to starting any such other work; and 2. ifOWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is per- forming the other work with OWNER’s employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CON- TRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CON- TRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affect- ed. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. C. Ifthe proper execution or results of any part of CONTRACTOR’ s Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficien- cies in such other work that render it unavailable or unsuitable for the proper 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 OKALOOSA COUNTY WATER AND SEWER DATE: 5/13/2012 00700-27 SECTION 00700 GENERAL CONDITIONS ARTICLE 8 - OWNER’S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.02 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.03 Pay Promptly When Due A. OWNER | shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.02.C and 14.07.C. 8.04 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 of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.05 Insurance A. OWNER’s responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.06 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.07 Inspections, Tests, and Approvals A. OWNER’s responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.B. Russell Stephenson — Electrical Manhole Rehabilitation 8.08 Limitations on OWNER’s Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR’s means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. OWNER will not be responsible for CONTRACTOR’s failure to perform the Work in accordance with the Contract Documents. 8.09 Undisclosed Hazardous — Environmental Condition A. OWNER’s responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.10 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER’s obligations under the Contract Documents, OWNER’ responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER’S STATUS DURING CONSTRUCTION 9.01 OWNER’s Representative A. ENGINEER will be OWNER’s representative during the construction period. The duties and responsi- bilities and the limitations of authority of ENGINEER as OWNER’s representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at inter- vals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR’s executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, GENERAL CONDITIONS OKALOOSA COUNTY WATER AND SEWER DATE: 5/13/2012 00700-28 SECTION 00700 GENERAL CONDITIONS in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER’ efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed ofthe progress ofthe Work and will endeavor to guard OWNER against defective Work. B. ENGINEER’s visits and observations are subject to all the limitations on ENGINEER’s authority and responsibility set forth in paragraph 9.10, and particu- larly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. IfOWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limita- tions thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the Site who is not ENGINEER’s Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable prompt- ness such written clarifications or interpretations of the requirements of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations