|
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 leequal
<br /> portion of the Work, then either party may make a
<br /> Claim therefor as provided in paragraph 10 . 05. FnaRGe and paymeAt of aps I INIT12AC1006
<br /> OWNER may have such deleted portion of the Work
<br /> performed by OWNER's own forces or others in Bonds shall was 2t 'a at until one YeaF
<br /> accordance with Article 7 . ',..a.! payment b8GGmes dueew
<br /> G. To the fullest extent permitted by Laws and cm
<br /> Regulations, OWNER shall indemnify and hold
<br /> harmless CONTRACTOR, Subcontractors, ENGI- Dalmuraentse
<br /> NEER, ENGINEER's Consultants and the officers,
<br /> directors, partners, employees, agents, other Be All Bonds shall be in the form prescribed by
<br /> consultants, and subcontractors of each and any of the Contract Documents except as provided otherwise
<br /> them from and against all claims, costs, losses, and by Laws or Regulations, and shall be executed
<br /> by
<br /> damages (including but not limited to all fees and such sureties as are named in the current list of °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 agents
<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 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 . 6,
<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 Is shall comply with the requirements of paragraphs
<br /> Consultants, and the officers, directors, partners, 5. 01 . 6 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 . E 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 /> Bence.
<br /> 00700 - General Conditions REV 04-07.doc
<br /> 00700 - 14
<br /> FAIDublic Works\ENGINEERING DIVISION PROJECTS\0545.66Th Ave SR60 to 57th St (Arcadis)\AdmimlBid Documents\00700 - General Conditions REV 04-07.doc
<br />
|