|
the Site which was not shown or indicated in Drawings or or entity from and against the consequences of that
<br /> individual's
<br /> Specifications or identified in the Contract Documents to be or entity's own negligence.
<br /> within the scope of the Work. CONTRACTOR shall be
<br /> responsible for a Hazardous Environmental Condition created H . To the fullest extent permitted by Laws and
<br /> with any materials brought to the Site by CONTRACTOR, Regulations, CONTRACTOR shall indemnify and hold harmless
<br /> Subcontractors, Suppliers , or anyone else for whom CON- OWNER, ENGINEER, ENGINEER's Consultants , and the
<br /> TRACTOR is responsible. officers, directors , partners , employees , agents , other
<br /> consultants , and subcontractors of each and any of them from
<br /> D. If CONTRACTOR encounters a Hazardous and against all claims , costs, losses, and damages (including
<br /> Environmental Condition or if CONTRACTOR or anyone for but not limited to all fees and charges of engineers , architects
<br />,
<br /> whom CONTRACTOR is responsible creates a Hazardous attorneys , and other professionals and all court or arbitration
<br /> or
<br /> Environmental Condition, CONTRACTOR shall immediately: (i ) other dispute resolution costs ) arising out of or relating
<br /> to a
<br /> secure or otherwise isolate such condition; (ii ) stop all Work in Hazardous Environmental Condition created by CONTRACTOR
<br /> connection with such condition and in any area affected thereby or by anyone for whom CONTRACTOR is responsible. Nothing
<br /> (except in an emergency as required by paragraph 6. 16); and in this paragraph 4.06. E shall obligate CONTRACTOR
<br /> to
<br /> (iii ) notify OWNER and ENGINEER (and promptly thereafter indemnify any individual or entity from and
<br /> against the
<br /> confirm such notice in writing ). OWNER shall promptly consult consequences of that individual's or entity's own negligence.
<br /> with ENGINEER concerning the necessity for OWNER to retain
<br /> a qualified expert to evaluate such condition or take corrective I . The provisions of paragraphs 4.02, 4. 03, and 4. 04
<br />are
<br /> action, if any. not intended to apply to a Hazardous Environmental Condition
<br /> uncovered or revealed at the Site.
<br /> E. CONTRACTOR shall not be required to resume Work
<br /> in connection with such condition or in any affected area until
<br /> after OWNER has obtained any required permits related thereto ARTICLE 5 - BONDS AND INSURANCE
<br /> and delivered to CONTRACTOR written notice: (i ) specifying
<br /> that such condition and any affected area is or has been
<br /> rendered safe for the resumption of Work; or (ii ) specifying any 5. 01 Performance, Payment, and Other Bonds
<br /> special conditions under which such Work may be resumed
<br /> safely. If OWNER and CONTRACTOR cannot agree as to A. CONTRACTOR shall furnish performance and
<br /> entitlement to or on the amount or extent, if any, of any payment Bonds, each in an amount
<br /> at least equal to the
<br /> adjustment in Contract Price or Contract Times , or both, as a Contract Price as security for the faithful
<br /> performance and
<br /> result of such Work stoppage or such special conditions under payment of all CONTRACTOR's obligations under the Contract
<br /> which Work is agreed to be resumed by CONTRACTOR, either Documents . These Bonds shall remain in effect at least until
<br /> party may make a Claim therefore as provided in paragraph one year after the date when final payment
<br /> becomes due,
<br /> 10.05. except as provided otherwise by Laws or Regulations or by the
<br /> Contract Documents. CONTRACTOR shall also furnish such
<br /> F. If after receipt of such written notice CONTRACTOR other Bonds as are required by the Contract Documents .
<br /> does not agree to resume such Work based on a reasonable
<br /> belief it is unsafe, or does not agree to resume such Work B . All Bonds shall be in the form
<br /> prescribed by the
<br /> under such special conditions, then OWNER may order the Contract Documents except as provided otherwise by Laws
<br /> or
<br /> portion of the Work that is in the area affected by such condition Regulations , and shall be executed by such sureties
<br /> as are
<br /> to be deleted from the Work. If OWNER and CONTRACTOR named in the current list of "Companies Holding Certificates of
<br /> cannot agree as to entitlement to or on the amount or extent, if Authority as Acceptable Sureties on Federal Bonds
<br /> and as
<br /> any, of an adjustment in Contract Price or Contract Times as a Acceptable Reinsuring Companies" as published in Circular 570
<br /> result of deleting such portion of the Work, then either party may (amended) by the Financial Management Service, Surety Bond
<br /> make a Claim therefore as provided in paragraph 10.05. Branch, U. S. Department of the Treasury. All
<br /> Bonds signed by
<br /> OWNER may have such deleted portion of the Work performed an agent must be accompanied by a certified copy of such
<br /> by OWNER's own forces or others in accordance with Article 7. agent's authority to act.
<br /> G. To the fullest extent permitted by Laws and C. If the surety on any Bond furnished by CON-
<br /> Regulations, OWNER shall indemnify and hold harmless TRACTOR is declared bankrupt or becomes insolvent or its
<br /> CONTRACTOR, Subcontractors , ENGINEER, ENGINEER's right to do business is terminated in any state where any part of
<br /> Consultants and the officers , directors , partners , employees , the Project is located or it ceases to meet the requirements
<br /> of
<br /> agents, other consultants, and subcontractors of each and any paragraph 5.01 . 13, CONTRACTOR shall within 20 days
<br /> of them from and against all claims , costs , losses , and damages thereafter substitute another Bond and surety, both of
<br /> which
<br /> (including but not limited to all fees and charges of engineers , shall comply with the requirements of paragraphs 5.
<br />01 . 13 and
<br /> architects , attorneys , and other professionals and all court or 5. 02 .
<br /> arbitration or other dispute resolution costs ) arising out of or
<br /> relating to a Hazardous Environmental Condition, provided that 5 . 02 Licensed Sureties and Insurers
<br /> such Hazardous Environmental Condition: (i ) was not shown or
<br /> indicated in the Drawings or Specifications or identified in the A. All Bonds and insurance required by the
<br /> Contract
<br /> Contract Documents to be included within the scope of the Documents to be purchased and maintained by
<br /> OWNER or
<br /> Work, and (ii ) was not created by CONTRACTOR or by anyone CONTRACTOR shall be obtained from surety or insurance
<br /> for whom CONTRACTOR is responsible. Nothing in this para- companies that are duly licensed or authorized in the jurisdiction
<br /> graph 4 . 06. E shall obligate OWNER to indemnify any individual in which the Project is located to issue Bonds
<br /> or insurance
<br /> policies for the limits and coverages so required . Such surety
<br /> 00700 - 12
<br />
|