Reso 2010-1522 - Laserfiche WebLink

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to fulfill its obligations under the Contract Documents. Owner's Representative shall also provide Design- Builder with prompt notice if it observes any failure on the part of Design-Builder to fulfill its contractual obligations, including any errors, omissions or defects in the performance ofthe Work. 3.5 Government Approvals and Permits 3.5.1 Owner shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees set forth in the Owner's Permit List attached as an exhibit to the Agreement. 3.5.2 Owner shall provide reasonable assistance to Design-Builder in obtaining those permits, approvals and licenses that are Design-Builder's responsibility. 3.6 Owner's Separate Contractors 3.6.1 Owner is responsible for all work performed on the Project or at the Site by separate contractors under Owner's control. Owner shall contractually require its separate contractors to cooperate with, and coordinate their activities so as not to interfere with, Design-Builder in order to enable Design-Builder to timely complete the Work consistent with the Contract Documents. Article 4 Hazardous Conditions and Differing Site Conditions 4.1 Hazardous Materials 4.1.1 Disclosure, Identification and Handling. The Design-Builder must maintain at the Site, available to the Owner, appropriate information pertaining to all Hazardous Materials brought to the Site. Such materials must be properly labeled or identified, and the Design-Builder must properly store, handle and use them at all times. Manufacturers and distributors are required by the federal Hazard Communication Standard (29 CFR SSI910.1200) and Florida Statute 252 to label each Hazardous Material or chemical container, and to provide Material Safety Data sheets to the purchaser. The Design-Builder must comply with these laws and must provide the Owner with copies of all relevant documents, including Material Safety Data sheets prior to performance or services or contemporaneous with delivery of goods. The Design- Builder must provide and designate appropriate and secure areas for their storage and must notify the Owner of their presence and location at the Site. The Design-Builder must not store Hazardous Materials at the Site in excess of those reasonably needed for the Design-Builder's currcnt operations, and must properly remove or dispose of all Hazardous Materials, including combustible waste, as soon as possible after completion of the operations in which they are utilized. 4.1.2 Discovery of Hazardous Materials at the Site In the event the Design-Builder encounters on the Site material reasonably believed to be a Hazardous Material (other than those for which the Design- Builder may have specific responsibility for remediation under the Contract), and the Design- Builder's reasonable precautions will be inadequate to prevent foreseeable damage or injury and the Design- Builder cannot proceed with the Work in the absence of the removal, containment or remediation of the Hazardous Material, the Design-Builder must immediately stop Work in the area affected and report the condition to the Owner in writing. 4.1.3 Investigation and Remediation Upon receipt of notice of suspected hazardous Materials, the Owner will cause an investigation to be made to verify the presence and extent of such materials, to determine whether such materials are in fact hazardous, and the steps necessary for their removal, containment or remediation. 4.1.4 Resumption of Work. If the Owner's investigation confirms the presence of Hazardous Materials which present a risk of injury or damage which will not be adequately protected against by the Design-Bui Ider's reasonable precautions, then the Work in the affected area must not thereafter be resumed except at the written direction of the Owner. The Work in the affected area will be resumed promptly (i) in the absence of a finding of Hazardous Material by the Owner, (ii) upon the removal, containment or remediation of the Hazardous Materials, or (iii) upon the establishment of appropriate safety precautions. 4.1.5 Adjustments for PCBs and Asbestos. If the Design-Builder incurs additional costs on account of or is delayed by the need to remove, contain or remediate asbestos or polychlorinated biphenyl (PCB) which has not be rendered harmless at the Site unless the Design- Builder is responsible for same under the Contract, the Design-Builder may request a change in the Contract Sum or contract Time to account for such action. Any such requested change in the Contract Sum or Contract Time must be made in writing within ten (10) days of 6