|
ndition and any
<br /> cted
<br /> en
<br /> reports and drawings are not Contract Documents ,
<br /> rendered sae for theeresumption isor
<br /> oWork; ore (i)
<br /> ' Such "technical data is identified incial
<br /> Supplementary Conditions . Except for such reliance Work may be ifying any spesumed conditions afely. under if OWNER
<br /> to
<br /> oanod
<br /> on such "technical data , CONTRACTOR may n y CONTRACTOR cannot agree as to entitlement
<br /> upon or make any Claim against OWNER, or extent, if any,
<br /> of any adjustment in
<br /> ENGINEER or any of ENGINEER's Consultants with Contract Pricon the amoue or Contract Times , or both , as a result
<br /> respect to : I of such Work stoppage or such special conditions
<br /> 1 . the completeness of such reports under which Work is agreed to be resumed by
<br /> ' CONTRACTOR, either party may make a Claim
<br /> and drawings for CONTRACTOR's purposes ,
<br /> including , but not limited to , any aspects of the therefor as provided in paragraph 10 .05 ,
<br /> means , methods , techniques , sequences and
<br /> procedures of construction to be employed by F . If after receipt of such written notice
<br /> ' utions and CONTRACTOR does not agree to resume such Work
<br /> CONTRACTOR and safety preca
<br /> based on a reasonable belief it is unsafe ,
<br /> or does not
<br /> programs incident thereto ; or
<br /> agree to resume such Work under such special condi-
<br /> 2 . other data , interpretations , opinions tions , then OWNER may order the portion of the Work
<br /> and information contained in such reports or that is in the area affected by such condition to
<br /> be
<br /> shown or indicated in such drawings ; or deleted from the Work. If OWNER and COW
<br /> TRACTOR cannot agree as to entitlement to or on the
<br /> djustment in Contract
<br /> 3 , any CONTRACTOR interpretation of price or Contracmount or t Times asif any, of aa aesult of deleting
<br /> such
<br /> or conclusion drawn from any "technical data" portion of the Work, then either party may make a
<br /> ' or any such other data , interpretations , opinions Claim therefor as provided in paragraph 10 .05 .
<br /> or information . OWNER may have such deleted portion of the Work
<br /> C . CONTRACTOR shall not be responsible for performed by OWNER's own forces or others in
<br /> ' accordance with Article 7 .
<br /> any Hazardous Environmental Condition uncovered or
<br /> revealed at the Site which was not shown or indicated G . To the fullest extent permitted by Laws and
<br /> in Drawings or Specifications or identified in the
<br /> Contract Documents to be within the scope of the Regulations , OWNER shall indemnify and holONTRACTOR, Subcontractors
<br />, ENGI-
<br /> Work. CONTRACTOR shall be responsible for a harmless COConsultants NTRACTOR,
<br /> Hazardous Environmental Condition created with any NEE , EN plartne sS employees , an agents , other
<br /> materials brought to the Site by CONTRACTOR, and
<br /> Subcontractors , Suppliers , or anyone else for whom consultants , and subcontractors , each lossesn and
<br /> ' costs
<br /> CONTRACTOR is responsible , them from and against all claims , ,
<br /> damages (including but not limited to all fees and
<br /> D , If CONTRACTOR encounters a CONTRACTOR
<br /> charges Band call architects ,
<br /> arbitration tion and
<br /> other
<br /> other
<br /> Environmental Condition or if CONTRACTOR professionals or relating to a
<br /> anyone for whom CONTRACTOR is responsible Hazardousresolution
<br /> Env Environmental arising
<br /> Conditi n provided that
<br /> creates a Hazardous Environmental Condition ,
<br /> CONTRACTOR shall immediately: (i) secure or such Hazardous Environmental Condition : (i) was not
<br /> n or
<br /> cated
<br /> ons
<br /> otherwise isolate such condition ; (ii) stop all Work
<br /> in or identified in
<br /> the Cin the ontractDrawings pl
<br /> show Documents obeincludedlcluded
<br /> connection with such condition and in y
<br /> affected thereby (except in an emergency as required
<br /> d- byn the CONTRACTOR or ororby nanyone s for created
<br /> whom
<br /> ' by paragraph 6 . 16 ) ; and (iii) notify OWNER and
<br /> NEER (and promptly thereafter confirm such notice in CONK 06 E shall obligatelOWNER to indemnify any
<br /> writing) . OWNER shall promptly consult with graphtity
<br /> ENGINEER concerning the necessity for
<br /> condition or odivid undal o or
<br /> 9s or entity's ownnnegligenceequences
<br /> ' retain a qualified expert to evaluate such
<br /> take corrective action , if any. H , To the fullest extent permitted by Laws and
<br /> E . CONTRACTOR shall not be required to Regulations , CONTRACTOR shall indemnify and hold
<br /> ' resume Work in connection with such condition or in harmless OWNER, ENGINEER, ENGINEER's
<br /> Cdirectors , partners ,
<br /> any affected area until after OWNER has obtained
<br /> Consultants ,
<br /> other consultants , and
<br /> 9ees � and the o kers ,a
<br /> any required permits related thereto and delivered to emp y
<br /> CONTRACTOR written notice : (i) specifying that such subcontractors of each and any of them from and
<br /> 00700- 15
<br /> 0386- 00700 - General Conditions
<br /> ' FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General
<br /> Conditions .doc
<br />
|