|
connection with such condition and in any area by CONTRACTOR or by anyone for whom
<br /> affected thereby (except in an emergency as required CONTRACTOR is responsible . Nothing in this para-
<br /> by paragraph 6 . 16 ) ; and ( iii ) notify OWNER and ENGI - graph 4 . 06 . E shall obligate OWNER to indemnify any
<br /> NEER (and promptly thereafter confirm such notice in individual or entity from and against the consequences
<br /> writing ) . OWNER shall promptly consult with of that individual ' s or entity's own negligence .
<br /> ENGINEER concerning the necessity for OWNER to
<br /> retain a qualified expert to evaluate such condition or H . To the fullest extent permitted by Laws and
<br /> take corrective action , if any. Regulations , CONTRACTOR shall indemnify and hold
<br /> harmless OWNER , ENGINEER, ENGINEER's
<br /> E . CONTRACTOR shall not be required to Consultants , and the officers , directors , partners ,
<br /> resume Work in connection with such condition or in employees , agents , other consultants , and
<br /> any affected area until after OWNER has obtained any subcontractors of each and any of them from and
<br /> required permits related thereto and delivered to against all claims , costs , losses , and damages
<br /> CONTRACTOR written notice : (i ) specifying that such (including but not limited to all fees and charges of
<br /> condition and any affected area is or has been engineers , architects , attorneys , and other
<br /> rendered safe for the resumption of Work ; or ( ii ) professionals and all court or arbitration or
<br /> other
<br /> specifying any special conditions under which such dispute resolution costs ) arising out of or relating to a
<br /> Work may be resumed safely. If OWNER and Hazardous Environmental Condition created by
<br /> CONTRACTOR cannot agree as to entitlement to or CONTRACTOR or by anyone for whom
<br /> on the amount or extent , if any, of any adjustment in CONTRACTOR is responsible . Nothing in this
<br /> Contract Price or Contract Times , or both , as a result paragraph 4 . 06 . E shall obligate CONTRACTOR to
<br /> of such Work stoppage or such special conditions indemnify any individual or entity from and against the
<br /> under which Work is agreed to be resumed by consequences of that individual ' s or entity' s own negli-
<br /> CONTRACTOR, either party may make a Claim gence .
<br /> therefor as provided in paragraph 10 . 05 .
<br /> I . The provisions of paragraphs 4 . 02 , 4 . 03 , and
<br /> F . If after receipt of such written notice 4 . 04 are not intended to apply to a Hazardous
<br /> CONTRACTOR does not agree to resume such Work Environmental Condition uncovered or revealed at the
<br /> based on a reasonable belief it is unsafe , or does not Site .
<br /> agree to resume such Work under such special condi -
<br /> tions , then OWNER may order the portion of the Work
<br /> that is in the area affected by such condition to be ARTICLE 5 - BONDS AND INSURANCE
<br /> deleted from the Work . If OWNER and CON -
<br /> TRACTOR cannot agree as to entitlement to or on the
<br /> amount or extent, if any, of an adjustment in Contract 5 . 01 Performance, Payment, and Other Bonds
<br /> Price or Contract Times as a result of deleting such
<br /> portion of the Work , then either party may make a I f„ FRish peFfn .. . . aqee
<br /> Claim therefor as provided in paragraph 10 . 05 . and payment Bonds , each in an amount at le equal
<br /> OWNER may have such deleted portion of the Work
<br /> performed by OWNER Is own forces or others in Fn@RGe and PayMeflt at
<br /> accordance with Article 7 .
<br /> G . To the fullest extent permitted by Laws andaftpr the date vrh � pi—' . 4 ntQe^^w ,,� 6�1
<br /> Regulations , OWNER shall indemnify and hold eXGept a& :,Nise by Laws or Regulations
<br /> harmless CONTRACTOR, Subcontractors , ENGI ^ r kit +k ^ I 2F18FItS . CONTRACTOR c: h
<br /> -
<br /> NEER, ENGINEER's Consultants and the officers ,
<br /> directors , partners , employees , agents , other .
<br /> consultants , and subcontractors of each and any of
<br /> them from and against all claims , costs , losses , and B . All Bonds shall be in the form prescribed
<br /> by
<br /> damages ( including but not limited to all fees and the Contract Documents except as provided otherwise
<br /> charges of engineers , architects , attorneys , and other by Laws or Regulations , and shall be executed
<br /> by
<br /> professionals and all court or arbitration or other such sureties as are named in the current list of "Com -
<br /> dispute resolution costs ) arising out of or relating to a panies Holding Certificates of Authority as Acceptable
<br /> Hazardous Environmental Condition , provided that Sureties on Federal Bonds and as Acceptable
<br /> such Hazardous Environmental Condition : ( i ) was not Reinsuring Companies" as published in Circular 570
<br /> shown or indicated in the Drawings or Specifications (amended ) by the Financial Management Service ,
<br /> or identified in the Contract Documents to be included Surety Bond Branch , U . S . Department of the
<br /> within the scope of the Work , and ( ii ) was not created Treasury . All Bonds signed by an agent
<br />must be
<br /> 00700 - General Conditions REV 04-07.doc
<br /> 00700 - 14
<br /> F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)Mnninl\bid documents\00700 - General Conditions REV 04-07 .doc
<br />
|