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Reso 2020-3136
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Reso 2020-3136
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Last modified
7/28/2021 2:57:34 PM
Creation date
12/9/2020 11:51:42 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2020-3136
Date (mm/dd/yyyy)
11/19/2020
Description
Team Contracting, Inc. for Design & Construction of ADA Stalls & Parking at Gwen Margolis Park
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SOURCEWd LL <br />Book 2 — IQCC Standard Terms and Conditions. and Contract General Conditions <br />asbestos or polychlorinated biphenyl (PCB), encountered on the Site by the Contractor, the <br />Contractor shall, upon recognizing the condition, immediately stop the Work in the affected <br />area and report the condition to the Project Manager in writing. <br />24.2 The Sourcewell Member shall obtain the services of a licensed laboratory to verify the <br />presence or absence of the material or substance reported by the Contractor and, in the event <br />such material or substance is found to be present, to verify that it has been rendered <br />harmless. Unless otherwise required by the Contract Documents, the Sourcewell Member <br />shall furnish in writing to the Contractor and Project Manager the names and qualifications of <br />persons or entities who are to perform tests verifying the presence or absence of such <br />material or substance or who are to perform the Task of removal or safe containment of such <br />material or substance. The Contractor and the Project Manager will promptly reply to the <br />Sourcewell Member in writing stating whether or not either has reasonable objection to the <br />persons or entities proposed by the Sourcewell Member. If either the Contractor or Project <br />Manager has an objection to a person or entity proposed by the Sourcewell Member, the <br />Sourcewell Member shall propose another to whom the Contractor and the Project Manager <br />have no reasonable objection. When the material or substance has been rendered harmless, <br />the Work in the affected area shall resume upon written agreement of the Sourcewell <br />Member and Contractor. The Purchase Order Completion Time shall be extended <br />appropriately. <br />24.3 To the fullest extent permitted by law, the Sourcewell Member shall indemnify and hold <br />harmless the Contractor, Subcontractors, Project Manager, Project Manager's consultants <br />and agents and employees of any of them from and against claims, damages, losses and <br />expenses, including but not limited to attorneys' fees, arising out of or resulting from <br />performance of the Work in the affected area if in fact the material or substance presents the <br />risk of bodily injury or death as described herein and has not been rendered harmless, <br />provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, <br />disease or death, or to Injury to or destruction of tangible property (other than the Work <br />itself) and provided that such damage, Foss or expense is not due to the sole negligence of a <br />party seeking indemnity. <br />24.4 The Sourcewell Member shall not be responsible for materials and substances brought to the <br />Site by the Contractor unless such materials or substances were required by the Detailed <br />Scope of Work. <br />24.5 If, without negligence on the part of the Contractor, the Contractor is held liable for the cost <br />of remediation of a hazardous material or substance solely by reason of performing the Work <br />as required by the Contract Documents, the Sourcewell Member shall Indemnify the <br />Contractor for all cost and expense thereby incurred. <br />25. INSURANCE REQUIREMENTS <br />25.1 The Contractor shall procure and maintain, at its own cost and expense, until final acceptance <br />of all the Work covered by this Agreement, the following kinds of insurance: <br />25AJ Workers' Compensation Insurance. A policy complying with the requirements of the <br />laws of the State in which the Project is located. <br />25.1.2 General Liability and Property Damage Insurance. A standard general <br />comprehensive liability insurance policy or a commercial general liability insurance <br />policy issued to and covering the liability of the Contractor for all Work and <br />23 Section Two — Contract Cenpral Conditions 'N-1 arch 20,LDS <br />
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