|
whom CONTRACTOR is responsible creates a Hazardous other dispute resolution costs) arising out of or relating
<br /> to a
<br /> Environmental Condition, CONTRACTOR shall immediately: (i) Hazardous Environmental Condition created by CONTRACTOR
<br /> secure or otherwise isolate such condition; (ii) stop all Work in or by anyone for whom CONTRACTOR is responsible. Nothing
<br /> connection with such condition and in any area affected thereby in this paragraph 4.06.F shall obligate CONTRACTOR
<br />to
<br /> ' (except in an emergency as required by paragraph 6. 16); and indemnify any individual or entity from and
<br /> against the
<br /> (iii) notify OWNER and ENGINEER (and promptly thereafter consequences of that indWuars or entity s own negligence.
<br /> confirm such notice in writing). OWNER shall promptly consult
<br /> with ENGINEER concerning the necessity for OWNER to retain I . The provisions of paragraphs 4.02, 4.03, and 4.04 are
<br /> a qualified expert to evaluate such condition or take corrective not intended to apply to a Hazardous Environmental Condition
<br /> action, if any. uncovered or revealed at the Site.
<br /> E. CONTRACTOR shall not be required to resume Work
<br /> in connection with such condition or in any affected area until ARTICLE 5 - BONDS AND INSURANCE
<br /> after OWNER has obtained any required permits related thereto
<br /> and delivered to CONTRACTOR written notice: (1) specifying
<br /> that such condition and any affected area is or has been 5. 01 Performance, Payment, and Other Bonds
<br /> rendered safe for the resumption of Work; or (ii) specifying any
<br /> special conditions under which such Work may be resumed A. CONTRACTOR shall furnish performance and
<br /> safely. If OWNER and CONTRACTOR cannot agree as to payment Bonds, each in an amount at least equal
<br /> to the
<br /> entitlement to or on the amount or extent, if any, of any Contract Price as security for the
<br /> faithful performance and
<br /> adjustment in Contract Price or Contract Times, or both, as a payment of all CONTRACTOR's obligations under the Contract
<br /> result of such Work stoppage or such special conditions under Documents. These Bonds shall remain in effect at least until
<br /> which Work is agreed to be resumed by CONTRACTOR, either one year after the date when final payment becomes due,
<br /> party may make a Claim therefore as provided in paragraph except as provided otherwise by Laws or Regulations or by
<br />the
<br /> 10.05. Contract Documents. CONTRACTOR shall also furnish such
<br /> other Bonds as are required by the Contract Documents.
<br /> F. If after receipt of such written notice CONTRACTOR
<br /> does not agree to resume such Work based on a reasonable B. All Bonds shall be in the form prescribed
<br /> by the
<br /> belief it is unsafe, or does not agree to resume such Work Contract Documents except as provided otherwise by
<br />Laws or
<br /> under such special conditions, then OWNER may order the Regulations, and shall be executed by such sureties
<br /> as are
<br /> portion of the Work that is in the area affected by such condition named in the current list of `Companies Holding Certificates of
<br /> to be deleted from the Work. If OWNER and CONTRACTOR Authority as Acceptable Sureties on Federal Bonds and
<br /> as
<br /> cannot agree as to entitlement to or on the amount or extent, if Acceptable Reinsuring Companies" as published in Circular 570
<br /> any, of an adjustment in Contract Price or Contract Times as a (amended) by the Financial Management Service, Surety Bond
<br /> result of deleting such portion of the Work, then either party may Branch, U.S. Department of the Treasury. All Bonds signed by
<br /> make a Claim therefore as provided in paragraph 10.05. an agent must be accompanied by a certified
<br /> copy of such
<br /> OWNER may have such deleted portion of the Work performed agents authority to act.
<br /> ' by OWNER's own forces or others in accordance with Article 7.
<br /> C. If the surety on any Bond furnished by CON-
<br /> G. To the fullest extent permitted by Laws and TRACTOR is declared bankrupt or becomes insolvent or its
<br /> Regulations, OWNER shall indemnify and hold harmless right to do business is terminated in any state where any
<br />part of
<br /> CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's the Projed is located or it ceases to meet the requirements of
<br /> Consultants and the officers, directors, partners, employees, paragraph 5.01 .8, CONTRACTOR shall within 20 days
<br /> agents, other consultants, and subcontractors of each and any thereafter substitute another Bond and surety, both of
<br />which
<br /> of them from and against all claims, costs, losses, and damages shall comply with the requirements of paragraphs 5.01 . 8 and
<br /> (including but not limited to all fees and charges of engineers, 5.02.
<br /> '
<br /> architects, attorneys, and other professionals and all court or
<br /> a*tration or other dispute resolution costs) arising out of or 5.02 Licensed Sureties and Insurers
<br /> relating to a Hazardous Environmental Condition, provided that
<br /> such Hazardous Environmental Condition: (1) was not shown or A. All Bonds and insurance required by the Contract
<br /> indicated in the Drawings or Specifications or identified in the Documents to be purchased and maintained by
<br />OWNER or
<br /> Contract Documents to be included within the supe of the CONTRACTOR shall be obtained from surety or
<br /> insurance
<br /> Work, and (ii) was not created by CONTRACTOR or by anyone companies that are duly licensed or authorized in the jurisdiction
<br /> for whom CONTRACTOR is responsible. Nothing in this in which the Project is located to issue Bonds
<br /> or insurance
<br /> paragraph 4.06.E shall obligate OWNER to indemnify any policies for the limits and coverages so required.
<br />Such surety
<br /> individual or entity from and against the consequences of that and insurance companies shall also meet such
<br />additional
<br /> individual's or entity's own negligence. requirements and qualifications as may be provided in the
<br /> Supplementary Conditions.
<br /> H. To the fullest extent permitted by Laws and
<br /> Regulations, CONTRACTOR shall indemnify and hold harmless 5.03 Certificates of Insurance
<br /> OWNER, ENGINEER, ENGINEER's Consultants, and the
<br /> officers, directors, partners, employees, agents, other A. CONTRACTOR shall deliver to OWNER, with copies
<br /> consultants, and subcontractors of each and any of them from to each additional insured identified in the Supplementary
<br /> and against all claims, costs, losses, and damages (including Conditions, certificates of insurance (and other evidence
<br /> of
<br /> but not limited to all fees and charges of engineers, architects, insurance requested by OWNER or any other
<br /> additional
<br /> attorneys, and. other professionals and all court or arbitration or insured) which CONTRACTOR is required to purchase and
<br /> 00700 - 12
<br />
|