Agenda - 06-26-2007-4dd - Laserfiche WebLink

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provisions of this paragraph 5.4. The indemnification obligations under this paragraph 5.4 shall not be limited in any way by the amount or type of damages, compensation or benefits payable under worker's compensation acts, disability benefit acts, other employment benefit acts, or the amount of insurance carried or recovered. The CM acknowledges that hazardous or toxic waste, material, chemicals, compounds or substances, or other environmental hazards, contamination or pollution, (referred to hereinafter as "environmental hazards") may be present at the Project site that were not created, generated, or released at the Project site by the Contractor or its Subcontractors, agents or employees, acting alone or in concert with others. Unless the remediation, abatement or handling of such environmental hazards is part of the scope of the Work under this Agreement, then upon the discovery of such environmental hazards, the Contractor shall immediately, and in no event more than three days after such discovery, give notice to the CM of the environmental hazards before they are disturbed. The CM, the Owner and the Designer shall thereupon promptly investigate the environmental hazards, and make such changes in the Drawings and/or Specifications as they may find necessary to abate, remediate, isolate or handle the environmental hazards. Any increase or decrease in the Contract Price or the Contract Time resulting from such changes shall be adjusted in the manner provided herein for adjustments as to extra and/or additional Work and changes. It is agreed that the Contractor shall have no liability under this Agreement for any environmental hazards existing at, on or in the Project site prior to the date that Work commences under this Agreement unless the Contractor or its Subcontractors, agents or employees, acting alone or in concert with others, by their own negligence or misconduct, release or expose the Owner or third parties to the environmental hazards. The provisions of this paragraph 5.4 shall survive the termination or cancellation or completion of this Agreement. ARTICLE 6. OTHER RECORD DOCUMENTS AND SUBMITTALS 6.1 The CM shall furnish to the Contractor the number of copies of Drawings and Specifications stated in the Supplementary Conditions. Additional copies of Drawings and Specifications may be obtained at the cost of reproduction and handling. 6.2 The Contractor shall submit to the CM for fonrvarding to the Designer all Submittals required by the Contract Documents. The Contractor shall submit four (4) reproducible prints of all shop drawings plus the number of copies sufficient for its requirements. The Contractor shall submit samples in quantities required by the Contract Documents. The Contractor shall submit product data in five (5) copies, plus the number of copies sufficient for the Contractor's requirements. All shop drawings shall be reviewed by the Contractor and shall bear the Contractor's stamp of approval before being forwarded to the CM and the Designer. Submittals shall be submitted in such time as to cause no delay to the Work or any part thereof and in accordance with the Contractor's Construction Schedule and Submittal Register. The CM shall review and process the submittal with reasonable promptness, noting desired corrections, if any. The CM shall retain three (3) copies of the submittal and shall return the balance of the reviewed submittal to the Contractor for action. The Contractor shall furnish any corrected submittal to the CM for forwarding to the Designer. The CM shall retain three {3) copies of the corrected submittal for the records of the CM and the Designer, and will return the balance of the reviewed submittal to the Contractor. Subject to paragraph 6.3 herein, no substitutions will be accepted after the bids have been received. All substitutions prior to the receipt of bids shall be in accordance with the Contract Documents. GENERAL CONDITIONS FOR CM AT RISK PROJECT 16 of 43 JUNE 2007 EDITION