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D IWONTRAC 17OR enrourders a Hazardous Environmental Condition
<br />or if CONTRACTOR or anyone for whom CONTRACTOR is responsible
<br />creates a Hazardow Environmental Condition, CONTRACTOR shall immedi-
<br />ately (i) secure or otherwise isolate such condition, (ii) stop all Work in
<br />connection with such condition and in any area affected thereby (_accept in an
<br />emergewy as recluired by paragraph 6 16). and (in) notify OWNER and ENGI-
<br />NEER (and promptly thereafter cruTum such notice in wT111119). OWNER shall
<br />promptly consult with ENGINEER wnceming [he occe-wKy for OWNER to
<br />retain a qualified expert to evaluate such condilmn of take corrective action, if
<br />any
<br />9 CONTRACTOR shall not be required to resume Work in connection
<br />with such condition or in any affccicd area until alter OWNER has obtained
<br />any required pemuls related lhereln and delivered to CONTRACTOR written
<br />ruit,ce (l spccrtving that such condition and any s1fected area is or has been
<br />rendered safe for the resumption or Work, or (it) sperifytrig any special condi.
<br />tions under which such Work may be resumed MFPIY If OWNER and
<br />CONTRACTOR cannot agrLe as to entitlement to or on the amount or extent,
<br />ifany, ofanydjusiment in c)nf-,u1 Price or Contract Times, or both, as a result
<br />of such Work stoppage or such special conditions under which Work is agreed
<br />in be resumed by CON rRACI 09 either party may make a Claim thereror as
<br />provided in pvapwh 10.05.
<br />F ifalkr r, -=pi ofsuch written notice CONTRACTOR dots not agree
<br />to resume such Work based on a reasonable belief it is unsafe, or does not agree
<br />to resume such Work under such sliccial conditions, than OWNER may order the
<br />portion Of the Work that is in the area affiected by such condition to be deleted
<br />komtheWask IfO%kWER and CONTRACTOR cannot agree as to entitlement
<br />to or an the amount or extent, Many, of an adjustment in Contract Price or
<br />Contrad Times as a a @wlt of deleting such ponion or the Wori%, then either party
<br />OWNER mayhave
<br />such deleted portion ofthe Work performed by OWN fsR's own forces or others
<br />in accordance with Article 7
<br />G To the fullest extent permitted 13) Laws and Regulations, OWNER
<br />shall indemnify and hold harraless CONTRACTOR, Subcortimetors, ENGI-
<br />NEER, ENGINFER's Consultants and the officers, directors, partiacirs.
<br />cmplo&gcnis, other oonsuktints, and subcontractors ofeach and any of them
<br />from and against all dairns, 0099, Imses. and damages (including but not limited
<br />to all fees and abages of engineers, architects, attorneys, and other professionaIg
<br />and all court or arbitration oro dispute resolution costs) arising out of or
<br />relating to a Hazardous Enviromental Condition, providad thatsuch Hazardous
<br />Environmental Condition., (i) was not shown or indicated in the Drawings Or
<br />Spect6cabons or identified in the Convict Documents to be included widus; the
<br />scope ofthe Work, and (1i) was not created by CONTRACTOR or by anyone for
<br />whom coN,rRACTORis responsible Nothing in this paragraph 4 06.E "I
<br />obligate OWNER to indemnify any individual or entity from and againd the
<br />Consequences ofthat individual's or entity's own negligeuce.
<br />H. To the fullest e permitted by Laws and Regulations,
<br />CONTRACTOR shall uidemnify and hold harmless OWNER, ENGINEER,
<br />ENGWEER's Consultants, and the officers, direewrs. partners, employees,
<br />agents, other consultants, and subcontractors of each and any ofthern From and
<br />against all cigifft; cos% losses. and &uruiges (including but not United to all fees
<br />and charges of enginears, architects, allomcA and other professionals and all
<br />court or arbitration or other dispute resolution costs) arising, out of or re to
<br />a Hazardious FaviruwvmW Condition created by CONTRACTOR or by anyone
<br />for whom CONTRACTOR is responsible. Nothing in this paragraph 4 06°F
<br />Shall obhgdlc CONTRACTOR to indemnify any individual or entity from and
<br />against the consequences ofthat individual's or entity's own negligence
<br />I The provisions of para hs 4.02, 4.03, and 4.04 am not iatitridltd to
<br />apply to a Hazisdous Envircruncrial Cmdidon uncovered or revealed at the Site,
<br />5.01 Pelbrmance, Payment, and Other Bonds
<br />ACONrJ1LkCrORsWfurnish pe[formw= and payment went Bonds, each
<br />in an amount at least equal to the Contract Price as security for the fat
<br />performance and payment of all CONTRACTOR's obligations under the
<br />Contract Documents, 'Mesa Bonds shad remain in effect at I east until one year
<br />afler the date when final payment becomes due, except as provided otherwise by
<br />Laws or Regulations or by the Contract Documents CONTRACTOR shag also
<br />Furnish such other Bonds as are required by the Contract Documents.
<br />B Aii Bonds shall be in the form prescribed by the Contract Document,
<br />except as pro,,ided otherwise by Laws or Regulations, and shall be executed by
<br />such sureties as are named in the current list of "Companies Holding Certificates
<br />of Authority as Acceptable Sureties on Federal Bonds and as Acceptable
<br />Rainsuring Corripanics" as publisiM in Circular 570 (amended) by the Financial
<br />Management Service, Surety Bond Branch, U S Department of the Treasury
<br />AD Bonds signed by, an agent must Inc accompanied by a cerlified copy Of such
<br />agent's authority to act
<br />C If the surety on any Bond furnished by CONTRACTOR is declared
<br />bankrupt or becomes insolvent or its right to do business is to algid in any
<br />staft where any pan ofthe Jlrogcci is located or it ceases to meet the m4uiTemcots
<br />crparap-aph 5.11.B, CONTR ACTOR shall within 2D days thercallutr substitute
<br />-another Bond and surety, both of which ,shall comply with the requirements of
<br />paragraphs 5,01 B and 5-02.
<br />5,02 Licensed Sureties and Insurers
<br />A. All Bonds and insurance required by the Contract Documents to be
<br />purchased and maintained by OWNER or CONI R ACTOR shall be obtained
<br />from surety or uiswanc& companies that are duly licensed or authorized in the
<br />jurisdiction in which the Project is located to issue Bonds Or insurance Policies
<br />for the limits and coverages so required Such surety and insurance companies
<br />Shall also meet such additional requirements and qualifications as may be
<br />provided in the Supplementary Conditions.
<br />5.03 Certificates oflnsurance
<br />A. CONTRACTOR shall deliver to OWNER, With Copies to each
<br />additional insured identified in the Supplementary Conditions, certificates of
<br />insurance (and other evidence of insurance requested by OWNER or any other
<br />additionii] insured) which CIONT—KACT OR is required to puich-sa ®ltd .
<br />OWNER shall deliver to CONTRACTOR, with copi.s to cach additional
<br />hwArtd idmuilied in the Supplenrentary Conditions, certificates of insurance (and
<br />other evidence of insurance rq;qucsltd by CONTRACTOR or any other
<br />additional insured) which OWNE R is required to purchaw and maintain
<br />5.04 CoArMCTOP'sDabibryInsuronce
<br />A. CONTRACTOR shall pumbase and mam(am such liability and other
<br />insurance as is appropnate: for the Work being performed and as will provide
<br />protection from claims set forth below Much may wrise out of or result from
<br />CONTRACTO[Vs performance of the Work and CONTRACTOWS Other
<br />obligations under the CoalraA Documents, whether it is to be performed by
<br />CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or
<br />indirectly employed by any of them to perform any ofthe Work, or by anyone
<br />for whose acts any of them may be hable-
<br />1. claim under workers' compensation, disability benefits, and
<br />other similar antiloyce benefit acts;
<br />2, claim for damages use of bodily injury, occupational
<br />sickness or disemA or death ofCONTRACTOR's employees;
<br />3, claim for damages bemize of bodily itilitry, sickness Or IlLsOm,
<br />or death of any person other than CONTRACTOR'S employces';
<br />4. claims for damages insured by reasociably available personal
<br />injury liability coverage which we susta3sicd; (1) by any person as a remit
<br />Oran offense directly or indirectly related to the employment of such person
<br />by CONTRACTOR, or (ii) by any other pemu for any other mason;
<br />5. claims for damages, other than to the Work itself. bemuse Of
<br />injury to or destniction oftangible property wherever localed, including loss
<br />ofuse resulting therefrom, and
<br />6 claims for damages use of bodily injury or death of any
<br />person or property damage ansing out ofthe ownership. maintenance or use
<br />of any motor vehicle.
<br />B_ The pogeiesofincur ar=sorequired by'mpara gVh5G4tobe
<br />purchased and maintained shall:
<br />1, with respect to insurance required by paragraphs 5.04.A.3
<br />through 5.04.A.6 inclusive, include as additional imureds- (subject to any
<br />customary exclusion in respect ofprof cssional baollity) OWNER, ENGI-
<br />NEER, ENGINEER's Consultants, and any other individuals or entities
<br />Identified in the Supplementary Conditions, all ofwhom shall be tisW as
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