(iii) The named subcontractor fails or refuses to perform his subcontract within a reasonable time
or is unable to furnish a performance bond and payment bond.
|. If blasting or use of explosives is necessary for prosecution of Work, the CONTRACTOR shall provide the
ENGINEER with a blasting plan in compliance with OSHA, State, and local regulations, laws, ordinances, and
requirements. CONTRACTOR shall exercise the utmost care not to endanger life or property. CONTRACTOR shall be
responsible for all damage resulting from the use of explosives. CONTRACTOR shall notify each property OWNER and
utility company having structures or facilities in proximity to the site of the work of its intentions to use explosives. Such
notice shall be given sufficiently in advance to enable the utility companies to take such steps as they may deem
necessary to protect their property from injury.
6.10 Taxes
A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in
accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of
the Work
6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas
1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the
operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably
encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR
shall assume full responsibility for any damage to any such land or area, or to the OWNER or occupant thereof, or
of any adjacent land or areas resulting from the performance of the Work.
2. Should any claim be made by any such OWNER or occupant because of the performance of the Work,
CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by
arbitration or other dispute resolution proceeding or at law.
B. Removal of Debris During performance of the Work:
During the progress of the Work CONTRACTOR shall keep the Site and other areas free from accumulations of
waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C. Cleaning:
Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by
OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools, appliances,
construction equipment and machinery, and surplus materials and shall restore to original condition all property not
designated for alteration by the Contract Documents.
D. Loading Structures:
CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the
structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that
will endanger it.
E. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER’s Consultant, and the officers, directors, partners, employees, agents, and other
consultants of each and any of them from and against all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration
or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any
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