|
under which Work is agreed to be resumed by
<br /> CONTRACTOR , either party may make a Claim I . The provisions of paragraphs 4 . 02 , 4 . 03 , and
<br /> therefor as provided in paragraph 10 . 05 . 4 . 04 are not intended to apply to a Hazardous
<br /> Environmental Condition uncovered or revealed at the
<br /> F . If after receipt of such written notice Site .
<br /> CONTRACTOR does not agree to resume such Work
<br /> based on a reasonable belief it is unsafe , or does not
<br /> agree to resume such Work under such special condi- ARTICLE 5 - BONDS AND INSURANCE
<br /> tions , then OWNER may order the portion of the Work
<br /> that is in the area affected by such condition to be
<br /> deleted from the Work . If OWNER and CON - 5 . 01 Performance, Payment, and Other Bonds
<br /> TRACTOR cannot agree as to entitlement to or on the
<br /> amount or extent , if any, of an adjustment in Contract
<br /> Price or Contract Times as a result of deleting such and payment Bonds , each in an amount at le equal
<br /> portion of the Work , then either party may make afill
<br /> Claim therefor as provided in paragraph 10 . 05 .
<br /> OWNER may have such deleted portion of the Work
<br /> performed by OWNER's own forces or others in
<br /> accordance with Article 7 , after the
<br /> G . To the fullest extent permitted by Laws and
<br /> Regulations , OWNER shall indemnify and hold
<br /> harmless CONTRACTOR , Subcontractors , ENGI -
<br /> NEER , ENGINEER's Consultants and the officers ,
<br /> directors , partners , employees , agents , other B . All Bonds shall be in the form prescribed by
<br /> -_ - -_ __ - - -consultants, _ and subcontractors -of_ -each -and -any_ of _ _ _ the-Contract-Documents_except as-provided-othenivise _-
<br /> them from and against all claims , costs , losses , and by Laws or Regulations , and shall
<br /> be executed by
<br /> damages ( including but not limited to all fees and such sureties as are named in the current list of
<br /> " Com -
<br /> charges of engineers , architects , attorneys , and other panies Holding Certificates of Authority as Acceptable
<br /> professionals and all court or arbitration or other Sureties on Federal Bonds and as Acceptable
<br /> dispute resolution costs ) arising out of or relating to a Reinsuring Companies" as published in Circular 570
<br /> Hazardous Environmental Condition , provided that (amended ) by the Financial Management Service ,
<br /> such Hazardous Environmental Condition : ( i ) was not Surety Bond Branch , U . S . Department of the
<br /> shown or indicated in the Drawings or Specifications Treasury, All Bonds signed by an agent must be
<br /> or identified in the Contract Documents to be included accompanied by a certified copy of such agent' s
<br /> within the scope of the Work , and ( ii ) was not created authority to act .
<br /> by CONTRACTOR or by anyone for whom
<br /> CONTRACTOR is responsible . Nothing in this para- C . If the surety on any Bond furnished by CON .
<br /> graph 4 . 06 . E shall obligate OWNER to indemnify any TRACTOR is declared bankrupt or becomes insolvent
<br /> individual or entity from and against the consequences or its right to do business is terminated in any
<br /> state
<br /> of that individual 's or entity's own negligence , where any part of the Project is located or it ceases to
<br /> meet the requirements of paragraph 5 . 01 . 131
<br /> H . To the fullest extent permitted by Laws and CONTRACTOR shall within 20 days thereafter
<br /> Regulations , CONTRACTOR shall indemnify and hold substitute another Bond and surety, both of which
<br /> harmless OWNER , ENGINEER , ENGINEER's shall comply with the requirements of paragraphs
<br /> Consultants , and the officers , directors , partners , 5 . 01 . B and 5 . 02 .
<br /> employees , agents , other consultants , and
<br /> subcontractors of each and any of them from and 5 . 02 Licensed Sureties and Insurers
<br /> against all claims , costs , losses , and damages
<br /> ( including but not limited to all fees and charges of A. All Bonds and insurance required by the
<br /> engineers , architects , attorneys , and other Contract Documents to be purchased and maintained
<br /> professionals and all court or arbitration or other by OWNER or CONTRACTOR shall be obtained from
<br /> dispute resolution costs ) arising out of or relating to a surety or insurance companies that are duly licensed
<br /> Hazardous Environmental Condition created by or authorized in the jurisdiction in which the Project is
<br /> CONTRACTOR or by anyone for whom located to issue Bonds or insurance policies for the
<br /> CONTRACTOR is responsible . Nothing in this limits and coverages so required . Such surety and
<br /> paragraph 4 . 06 . 17 shall obligate CONTRACTOR to insurance companies shall also meet such additional
<br /> indemnify any individual or entity from and against the requirements and qualifications as may be provided in
<br /> consequences of that individual ' s or entity' s own negli- the Supplementary Conditions .
<br /> gence .
<br /> 00700 - General Conditions REV 04 -07 .doc
<br /> 00700 - 14
<br /> F -\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd St SWAdmim\Contract Documents\00700 - General Conditions
<br />REV 04 -07 .doc
<br />
|