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<br />discovery of the asbestos or polychlorinated biphenyl <br />(PCB) which has not been rendered hannless giving <br />rise to the request for the change and must fully <br />comply with Article 9 or any claim will be deemed <br />conclusively waived by the Design-Builder. <br /> <br />4.1.6 Reserved <br /> <br />4.2 Differing Site Conditions <br /> <br />4.2.1 Notice of Concealed or Unknown Site <br />Conditions. No Differing Site Conditions Claims. <br />The Site is considered Unwarranted. No claim may be <br />made and no additional compensation, or time <br />extension, will be granted as a consequence of any <br />differing site or subsurface conditions encountered by <br />the Design-Builder. Unwarranted Site means the <br />Design-Builder is responsible for undertaking and <br />completing all excavation work specified in the <br />contract at the contract Sum and within the Contract <br />Time regardless of subsurface conditions encountered <br />whether those conditions be naturally occurring, man- <br />made or artificial and includes all unexpected, <br />unanticipated or unforeseen geoteclmical conditions, <br />materials dumped or artificially place on the Site or <br />buried, man-made obstacles or debris such as rubble, <br />underground tanks, abandoned or unknown utilities or <br />pipes or similar artificial or man-made conditions. The <br />presence of differing subsurface conditions (whether <br />naturally occurring or man-made or artificial) or <br />increases or decreases in quantities of subsurface <br />conditions indicated, does not entitle the Design- <br />Builder to additional compensation or any extension of <br />time beyond the Contract Sum and Contract Time for <br />completion of the Work specified in the Contract. <br />Notwithstanding anything contrary, Design-Builder's <br />responsibility arising from unforeseen conditions shall <br />not exceed 1 % of the contract price or $5,000,00, <br />whichever is greater. <br /> <br />4.2.2 Upon encountering a Differing Site Condition, <br />Design-Builder shall provide prompt written notice to <br />Owner of such condition, which notice shall not be <br />later than fourteen (14) days after such condition has <br />been encountered. Design-Builder shall, to the extent <br />reasonably possible, provide such notice before the <br />Differing Site Condition has been substantially <br />disturbed or altered. <br /> <br />Article 5 <br />Insurance and Bonds <br /> <br />5.1 <br /> <br />Design-Builder's Insurance Requirements <br /> <br />5.1.1 Design-Builder shall purchase and maintain, <br />at its own expense, the following types and amounts of <br />insurance, in form and companies satisfactory to the <br />City: <br /> <br />5.1.1.1 Workers' Compensation Insurance - As <br />required by Florida Statutes, Chapter 440. Workers' <br />Compensation Insurance, for all employees of Design- <br />Builder, employed at the site ofthe work or in any way <br />connected with the work, which is the subject of this <br />service. <br /> <br />5.1.1.2 The insurance required by this provision shall <br />comply fully with the Florida Workers' Compensation <br />Law and include Employers' Liability Insurance with <br />limits of not less than $500,000 per occurrence. Any <br />associated or subsidiary company involved in the <br />service must be named in the Workers' Compensation <br />coverage. <br /> <br />5.1.1.3 Liability Insurance - Commercial General <br />Liability Insurance, including coverage for operations, <br />independent contractors, products-completed <br />operations, broad form property damage, and personal <br />injury on an "occurrence" basis insuring Design- <br />Builder and any other interests, including but not <br />limited to any associated or subsidiary companies <br />involved in the work. <br /> <br />5.1.1.4 Automobile Liability Insurance which shall <br />insure claims for damages because of bodily injury or <br />death of any person or property damage arising out of <br />the ownership, maintenance or use of any motor <br />vehicle used by Design-Builder at the site ofthe project <br />or in any way connected with the work which is the <br />subject of this agreement. <br /> <br />THE LIABILITY INSURANCE SHALL NAME THE <br />CITY AS AN ADDITIONAL INSURED. <br /> <br />5.1.1.5 The limit of liability shall be a combined <br />single limit for bodily injury and property damage of <br />no less than $1,000,000 per occurrence. If insurance is <br />provided with a general aggregate, then the aggregate <br />shall be in an amount of no less than $1,000,000. <br /> <br />5.1.1.6. Professional Liability Insurance - Professional <br />Liability Insurance insuring Design-Builder and other <br /> <br />7 <br />