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them from and against all claims, costs, losses, and <br />damages (including but not limited to all fees and <br />charges of engineers architects, attorneys, and other <br />professionals and all court or arbitration or other <br />dispute resolution costs) arising out of or relating to a <br />Hazardous Environmental Condition provided that <br />such Hazardous Environmental Condition: (i) was not <br />shown or indicated in the Drawings or Specifications <br />or identified in the Contract Documents to be included <br />within the scope of the Work, and (ii) was not created <br />by CONTRACTOR or . by anyone for whom <br />CONTRACTOR is responsible. Nothing in this para- <br />graph 4.06.E shall obligate OWNER to indemnify any <br />individual or entity from and against the consequences <br />of that individual s or entity's own negligence. <br />H. To the fullest extent permitted by Laws and <br />Regulations, CONTRACTOR shall indemnify and hold <br />harmless OWNER, ENGINEER, ENGINEER's <br />Consultants, and the officers, directors, partners <br />employees, agents, other consultants, and <br />subcontractors of each and any of them from and <br />against all claims, costs, losses, and damages <br />(including but not limited to all fees and charges of <br />engineers, architects, attorneys, and other <br />professionals and all court or arbitration or other <br />dispute resolution costs) arising out of or relating to a <br />Hazardous Environmental Condition created by <br />CONTRACTOR or by anyone for whom <br />CONTRACTOR is responsible Nothing in this <br />paragraph 4.06.F shall obligate CONTRACTOR to <br />indemnify any individual or entity from and against the <br />consequences of that individual's or entity's own negli- <br />gence. <br />I. The provisions of paragraphs 4.02 4.03, and <br />4.04 are not intended to apply to a Hazardous <br />Environmental Condition uncovered or revealed at the <br />Site. <br />ARTICLE 5 - BONDS AND INSURANCE <br />5.01 Performance, Payment, and Other Bonds <br />in an amount at least equal <br />to the Contract Price as security for the faithful perfor <br />mance and payment of all CONTRACTOR'o <br />obligations under the Contract Documents. These <br />Bonds shall remain in effect at least until one year <br />except as provided otherwise by Laws or Regulations <br />or by the Contract Documents. CONTRACTOR shall <br />also furnish such other Bonds as arc required by the <br />B. All Bonds shall be in the form prescribed by <br />the Contract Documents except as provided otherwise <br />by Laws or Regulations, and shall be executed by <br />such sureties as are named in the current list of "Com- <br />panies Holding Certificates of Authority as Acceptable <br />Sureties on Federal Bonds and as Acceptable <br />Reinsuring Companies" as published in Circular .570 <br />(amended) by the Financial Management Service <br />Surety Bond Branch, U.S. Department of the <br />Treasury. All Bonds signed by an agent must be <br />accompanied by a certified copy of such agent's <br />authority to act. <br />C. If the surety on any Bond furnished by CON- <br />TRACTOR is declared bankrupt or becomes insolvent <br />or its right to do business is terminated in any state <br />where any part of the Project is located or it ceases to <br />meet the requirements of paragraph 5.01.B, <br />CONTRACTOR shall within 20 days thereafter <br />substitute another Bond and surety, both of which <br />shall comply with the requirements of paragraphs <br />501.Band5.02. <br />5.02 Licensed Sureties and Insurers <br />A. All Bonds and insurance required by the <br />Contract Documents to be purchased and maintained <br />by OWNER or CONTRACTOR shall be obtained from <br />surety or insurance companies that are duly licensed <br />o r authorized in the jurisdiction in which the Project is <br />located to issue Bonds or insurance policies for the <br />limits and coverages so required. Such surety and <br />insurance companies shall also meet such additional <br />requirements and qualifications as may be provided in <br />the Supplementary Conditions. <br />5.03 Certificates of Insurance <br />A. CONTRACTOR shall deliver to OWNER, with <br />copies to each additional insured identified in the <br />Supplementary Conditions, certificates of insurance <br />(and other evidence of insurance requested by OWN- <br />ER or any other additional insured) which CON- <br />TRACTOR is required to purchase and maintain. <br />OWNER shall deliver to CONTRACTOR, with copies <br />mentary Conditions, certificates of insurance (and <br />other evidence of insurance requested by CONTRA <br />is required to purchase and maintain. <br />5.04 CONTRACTOR's Liability Insurance <br />A. CONTRACTOR shall purchase and maintain <br />such liability and other insurance as is appropriate for <br />the Work being performed and as will provide <br />protection from claims set forth below which may arise <br />o ut of or result from CONTRACTOR's performance of <br />the Work and CONTRACTOR's other obligations <br />u nder the Contract Documents, whether it is to be per- <br />formed by CONTRACTOR any Subcontractor or <br />Supplier, or by anyone directly or indirectly employed <br />by any of them to perform any of the Work, or by <br />anyone for whose acts any of them may be liable: <br />00700 General Conditions REV 5-10-13.doc <br />00700 - 14 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\00700 - <br />General Conditions REV 5-10-13.doc <br />