|
CONTRACTOR written notice: (i) specifying that such engineers, architects, attorneys, and other
<br /> condition and any affected area is or has been professionals and all court or arbitration or other
<br /> rendered safe for the resumption of Work; or (ii) dispute resolution costs) arising out of or relating to a
<br /> specifying any special conditions under which such Hazardous Environmental Condition created by
<br /> Work may be resumed safely. If OWNER and CONTRACTOR or by anyone for whom
<br /> CONTRACTOR cannot agree as to entitlement to or CONTRACTOR is responsible. Nothing in this
<br /> on the amount or extent, if any, of any adjustment in paragraph 4.06.17 shall obligate CONTRACTOR to
<br /> Contract Price or Contract Times, or both, as a result indemnify any individual or entity from and against the
<br /> of such Work stoppage or such special conditions consequences of that individual's or entity's own negli-
<br /> u nder which Work is agreed to be resumed by gence.
<br /> CONTRACTOR, either party may make a Claim
<br /> therefor as provided in paragraph 10.05. I, The provisions of paragraphs 4.02, 4,03, and
<br /> 4.04 are not intended to apply to a Hazardous
<br /> F. If after receipt of such written notice Environmental Condition uncovered or revealed at the
<br /> CONTRACTOR does not agree to resume such Work Site.
<br /> based on a reasonable belief it is unsafe, or does not
<br /> agree to resume such Work under such special condi-
<br /> tions, then OWNER may order the portion of the Work ARTICLE 5 - BONDS AND INSURANCE
<br /> that is in the area affected by such condition to be
<br /> deleted from the Work. If OWNER and CON-
<br /> TRACTOR cannot agree as to entitlement to or on the 5.01 Performance, Payment, and Other Bonds
<br /> amount or extent, if any, of an adjustment in Contract
<br /> Price or Contract Times as a result of deleting such
<br /> portion of the Work, then either party may make a and payment Bonds, each in an amount at Ie equal nnfr:4r,t Prffino %AIJUJ 1%.01 U1%.P fl
<br /> Claim therefor as provided in paragraph 10.05. 11
<br /> OWNER may have such deleted portion of the Work V .Y �® '
<br /> performed by OWNER's own forces or others in
<br /> accordance with Article 7. i least until r
<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, nfrnGt DOGUrnents.
<br /> directors, partners, employees, agents, other
<br /> consultants, and subcontractors of each and any of B. All Bonds shall be in the form prescribed by
<br /> them from and against all claims, costs, losses, and the Contract Documents except as provided otherwise
<br /> damages (including but not limited to all fees and by Laws or Regulations, and shall be executed by
<br /> charges of engineers, architects, attorneys, and other such sureties as are named in the current list of"Com-
<br /> professionals and all court or arbitration or other panies Holding Certificates of Authority as Acceptable
<br /> dispute resolution costs) arising out of or relating to a Sureties on Federal Bonds and as Acceptable
<br /> Hazardous Environmental Condition, provided that Reinsuring Companies" as published in Circular 570
<br /> such Hazardous Environmental Condition: (i)was not (amended) by the Financial Management Service,
<br /> shown or indicated in the Drawings or Specifications Surety Bond Branch, U.S. Department of the
<br /> or identified in the Contract Documents to be included Treasury. All Bonds signed by an agent must be
<br /> within the scope of the Work, and (ii) was not created accompanied by a certified copy of such agent's
<br /> by CONTRACTOR or by anyone for whom authority to act.
<br /> CONTRACTOR is responsible. Nothing in this para-
<br /> graph 4.06.E shall obligate OWNER to indemnify any C. If the surety on any Bond furnished by CON-
<br /> individual or entity from and against the consequences TRACTOR is declared bankrupt or becomes insolvent
<br /> of that individual's or entity's own negligence. or its right to do business is terminated in any state
<br /> where any part of the Project is located or it ceases to
<br /> H. To the fullest extent permitted by Laws and meet the requirements of paragraph 5.01.13,
<br /> Regulations, CONTRACTOR shall indemnify and hold CONTRACTOR shall within 20 days thereafter
<br /> harmless OWNER, ENGINEER, ENGINEER's substitute another Bond and surety, both of which
<br /> Consultants, and the officers, directors, partners, shall comply with the requirements of paragraphs
<br /> employees, agents, other consultants, and 5.01.13 and 5.02.
<br /> subcontractors of each and any of them from and
<br /> against all claims, costs, losses, and damages 5.02 Licensed Sureties and Insurers
<br /> (including but not limited to all fees and charges of
<br /> 00700_General Conditions REV 04-07.doc
<br /> 00700-14
<br /> F:1Public Warks\ENGINEERI NG DIVISION PROJECTSI12'10-Sandridge Driving Range Tee Renovation\Admimlbid documentsl00700-General Conditions REV 04-07.doc
<br /> SmeadSoft Reprint Date:Monday,January 11,2016-09:22:05-OfficialDocuments:9069,Attachment Id 1,Page 81
<br />
|