by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall
obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual’s or
entity’s own negligence.
H. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition
uncovered or revealed at the Site.
ARTICLE 5 - BONDS AND INSURANCE
5.01 Performance, Payment, and Other Bonds
A. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of all CONTRACTOR’s obligations under the Contract
Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due,
except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish
such other Bonds as are required by the Contract Documents.
B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or
Regulations, and shall be executed by such sureties as are named in the current list of “Companies Holding Certificates
of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in
Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury.
All Bonds signed by an agent must be accompanied by a certified copy of such agent’s authority to act.
C. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do
business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of
paragraph 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which
shall comply with the requirements of paragraphs 5.01.B and 5.02.
5.02 Licenses Sureties and Insurers
A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR
shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the
Project is located to issue Bonds or insurance policies for the limits and coverage’s so required. Such surety and
insurance companies shall also meet such additional requirements and qualifications as may be provided in the
Supplementary Conditions.
B. All Sureties and Insurance Companies shall be authorized to do business in the State of New Hampshire and shall
have an A.M. Best rating of “A(FSC-VIII)” or better. In the event that the Insurer fails to maintain an A.M. Best rating
“A(FSC-VIID” or better, the CONTRACTOR shall immediately retain a Surety which does meet the above requirements.
5.03 Certificates of Insurance
A. CONTRACTOR shall deliver to OWNER 10 days prior to Work, with copies to each additional insured identified in
the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any
other additional insured) which CONTRACTOR is required to purchase and maintain.
5.04 CONTRACTOR’s Liability Insurance
A. CONTRACTOR shall purchase and maintain such liability and other insurance as is required by OWNER which will
provide protection from claims which may arise out of or result from CONTRACTOR’s performance of the Work and
CONTRACTOR’s other obligations under the Contract Documents, whether it is to be performed by CONTRACTOR,
any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work,
or by anyone for whose acts any of them may be liable.
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