|
F. If after receipt of such written notice CONTRACTOR B. All Bonds shall be in the form prescribed by the
<br /> does not agree to resume such Work based on a reasonable Contract Documents except as provided otherwise by Laws
<br />or
<br /> belief it is unsafe, or does not agree to resume such Work Regulations, and shall be executed by such
<br /> sureties as are
<br /> under such special conditions, then OWNER may order the named in the current list of "Companies Holding Certificates
<br /> of
<br /> portion of the Work that is in the area affected by such condition Authority as Acceptable Sureties on Federal Bonds
<br /> and as
<br /> to be deleted from the Work. If OWNER and CONTRACTOR Acceptable Reinsuring Companies" as published in Circular 570
<br /> cannot agree as to entitlement to or on the amount -0r extent, if (amended) by the Financial Management Service, Surety Bond
<br /> any, of an adjustment in Contract Price or Contract Times as a Branch, U. S. Department of the Treasury. All Bonds signed
<br /> by
<br /> result of deleting such portion of the Work, then either party may an agent must be accompanied by a certified copy of
<br /> such
<br /> make a Claim therefore as provided in paragraph 10.05. agent's authority to act
<br /> OWNER may have such deleted portion of the Work performed
<br /> by OWNER's own forces or others in accordance with Article 7. C. If the surety on any Bond furnished by
<br /> CON-
<br /> TRACTOR is declared bankrupt or becomes insolvent or its
<br /> G. To the fullest extent permitted by Laws and right to do business is terminated in any state where any part of
<br /> Regulations, OWNER shall indemnify and hold harmless the Project is located or it ceases to meet the requirements
<br /> of
<br /> CONTRACTOR, Subcontractors , ENGINEER, ENGINEER's paragraph 5.01 . 6, CONTRACTOR shall within 20 days
<br /> Consultants and the officers, directors , partners, employees, thereafter substitute another Bond and surety, both
<br /> of which
<br /> agents, other consultants, and subcontractors of each and any shall comply with the requirements of paragraphs 5.01 . 6 and
<br /> r
<br /> of them from and against all claims , costs , losses, and damages 5.02.
<br /> (including but not limited to all fees and charges of engineers,
<br /> architects, attomeys, and other professionals and all court or 5. 02 Licensed Sureties and Insurers
<br /> arbitration or other dispute resolution costs) arising out of or
<br /> relating to a Hazardous Environmental Condition, provided that A. All Bonds and insurance required by the Contract
<br /> such Hazardous Environmental Condition: (i) was not shown or Documents to be purchased and maintained by OWNER or
<br /> indicated in the Drawings or Specifications or identified in the CONTRACTOR shall be obtained from surety or insurance
<br /> Contract Documents to be included within the scope of the companies that are duly licensed or authorized in the jurisdiction
<br /> Work, and ( i) was not created by CONTRACTOR or by anyone in which the Project is located to issue Bonds or
<br />insurance
<br /> for whom CONTRACTOR is responsible. Nothing in this para- policies for the limits and covers es so
<br /> uid. Sch surety
<br /> graph 4.06. E shall obligate OWNER to indemnify any individual and insurance companies shall also meet-such u additional
<br /> or entity from and against the consequences of that individual's requirements and qualifications as may be
<br /> or entity's own negligence. q q Y provided in the
<br /> Supplementary Conditions.
<br /> H. To the fullest extent permitted by Laws and 5. 03 Certificates of Insurance
<br /> Regulations , CONTRACTOR shall indemnify and hold harmless
<br /> OWNER, ENGINEER, ENGINEER's Consultants , and the A. CONTRACTOR shall deliver to OWNER, with copies
<br /> officers, directors, partners , employees, agents, other to each additional insured identified in the Supplementary
<br /> consultants, and subcontractors of each and any of them from Conditions, certificates of insurance (and other evidence
<br /> of
<br /> and against all claims, costs, losses , and damages (including insurance requested by OWNER or any other
<br /> additional
<br /> but not limited to all fees and charges of engineers, architects, insured) which CONTRACTOR is required to purchase
<br /> and
<br /> attorneys, and other professionals and all court or arbitration or maintain. OWNER shall deliver to CONTRACTOR, with copies
<br /> other dispute resolution costs) arising out of or relating to a to each additional insured identified in
<br /> the Supplementary
<br /> Hazardous Environmental Condition created by CONTRACTOR Conditions, certificates of insurance (and other evidence of
<br /> or by anyone for whom CONTRACTOR is responsible. Nothing insurance requested by CONTRACTOR or any other additional
<br /> in this paragraph 4.06. F shall obligate CONTRACTOR to insured) which OWNER is required to purchase and maintain.
<br /> indemnify any individual or entity from and against the
<br /> consequences of that individual's or entity's own negligence. 5.04 CONTRACTOR's Liability Insurance
<br /> I. The provisions of paragraphs 4.02, 4. 03, and 4.04 are A CONTRACTOR shall purchase and maintain such
<br /> not intended to apply to a Hazardous Environmental Condition liability and other insurance as is appropriate for the Work being
<br /> uncovered or revealed at the Site. performed and as will provide protection from claims set forth
<br /> below which may arise out of or result from CONTRACTOR'S
<br /> performance of the Work and CONTRACTOR's other
<br /> ARTICLE 5 - BONDS AND INSURANCE obligations under the Contract Documents, whether it is to be
<br /> performed by CONTRACTOR, any Subcontractor or Supplier,
<br /> or by anyone directly or indirectly employed by any of them to
<br /> 5. 01 Perfonnance, Payment, and Other Bonds perform any of the Work, or by anyone for whose acts any of
<br /> A. CONTRACTOR shall furnishperformance and them may be liable:
<br /> payment Bonds, each in an amount at least equal to the 1 . claims under workers' compensation, disability
<br /> Contract Price as security for the faithful performance and benefits, and other similar employee benefit acts ;
<br /> payment of all CONTRACTOR's obligations under the Contract
<br /> ' Documents. These Bonds shall remain in effect at least until 2. claims for damages because of bodily injury,
<br /> one year after the date when final payment becomes due, occupational sickness or disease, or death of
<br /> except as provided otherwise by Laws or Regulations or by the CONTRACTOR's employees;
<br /> Contract Documents. CONTRACTOR shall also furnish such
<br /> other Bonds as are required by the Contract Documents . 3. claims for damages because of bodily injury,
<br /> sickness or disease, or death of any person other than
<br /> CONTRACTOR's employees ;
<br /> 6706-38392\8/20/03 00700- 12 VRB
<br />
|