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12-28-2015 Council Packet
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12-28-2015 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
12/28/2015
Council Meeting Type
Regular
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responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual <br />or entity from and against the consequences of that individual's or entity's own negligence. <br />H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold <br />harmless Owner and Engineer, and the officers, directors, members, partners, employees, <br />agents, consultants, and subcontractors of each and any of them from and against all claims, <br />costs, losses, and damages (including but not limited to all fees and charges of engineers, <br />architects, attorneys, and other professionals and all court or arbitration or other dispute <br />resolution costs) arising out of or relating to a Hazardous Environmental Condition created by <br />Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H <br />shall obligate Contractor to indemnify any individual or entity from and against the <br />consequences of that individual's or entity's own negligence. <br />I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental <br />Condition uncovered or revealed at the Site. <br />ARTICLE 5 — BONDS AND INSURANCE <br />5.01 Performance, Payment, and Other Bonds <br />A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to <br />the Contract Price as security for the faithful performance and payment of all of Contractor's <br />obligations under the Contract Documents. These bonds shall remain in effect until one year <br />after the date when final payment becomes due or until completion of the correction period <br />specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or <br />Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as <br />are required by the Contract Documents. <br />B. All bonds shall be in the form prescribed by the Contract Documents except as provided <br />otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the <br />list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds <br />and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the <br />Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All <br />bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that <br />individual's authority to bind the surety. The evidence of authority shall show that it is effective <br />on the date the agent or attorney-in-fact signed each bond. <br />C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or <br />its right to do business is terminated in any state where any part of the Project is located or it <br />ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner <br />and Engineer and shall, within 20 days after the event giving rise to such notification, provide <br />another bond and surety, both of which shall comply with the requirements of Paragraphs <br />5.01.B and 5.02. <br />5.02 Licensed Sureties and Insurers <br />A. All bonds and insurance required by the Contract Documents to be purchased and maintained <br />by Owner or Contractor shall be obtained from surety or insurance companies that are duly <br />EJCDC C-700 Standard General Conditions of the Construction Contract <br />Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Page 16 of 62 <br />00 72 05 <br />
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