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Finance Committee - Agenda - 5/6/2020 - P89

By dnadmin on Mon, 11/07/2022 - 13:31
Document Date
Fri, 05/01/2020 - 14:46
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/06/2020 - 00:00
Page Number
89
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050620…

F. Owner to supply waste removal.
G. Owner to supply scaffolding.

H. Area to be free of materials, equipment and other obstacles. To be moved by owner.

Section Hl: Surface Preparation

Prepare surfaces in a professional! manner so as to produce finish work of a quality appearance and
durability. Abide by standards set forth by SSPC-Society of Protective Coatings and Painting & Decorating
Contractors of America.

Prepare all surfaces as needed to an SSPC- SP 10.

The inspection parameters for the surface preparation shall be in accordance with The Society of
Protective Coatings (SSPC), SSPC 05-03, Surface Preparation Specifications and Practices, SSPC VIS 3, Guide
and Reference Photographs for Steel Surfaces Prepared by Power and Hand Tool! Cleaning.

e Clean areas to SSPC SP 10.
e Solvent Cleaning to SSPC SP-1 as applicable.

e Protect adjacent surfaces, from paint drips or spatter.

SOCIETY OF PROTECTIVE COATINGS (SSPC} SURFACE PREPARATION STANDARDS

Bayes (J No {5P-1) Solvent Cleaning: Removal of oil, grease, dirt, soil, salts, and contaminants by cleaning with solvent, vapor, alkali,
emulsion, or stearn.

Ex}ves [[] No {$P-2) Hand Tool Cleaning: Removal of loose rust, loose mill scale, and loose paint to degree specified by hand chipping,
scraping, sanding, and wire brushing.

Elves [1] No (SP-3) Power Tocl Cleaning: Removal of loose rust, loose mill scale, and loose paint to a degree specified by too! chipping,
scraping, sanding, and wire brushing.

JB Safety international, Inc. ¢ P.O. Box 476 # Seguin, TX 78156 ¢ 281-857-7919 ¢jeff@jbsafetyintl.com
http-/Awww jbsafetyintl.com

Page |3

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Finance Committee - Agenda - 5/6/2020 - P89

Finance Committee - Agenda - 5/6/2020 - P90

By dnadmin on Mon, 11/07/2022 - 13:31
Document Date
Fri, 05/01/2020 - 14:46
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/06/2020 - 00:00
Page Number
90
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050620…

LDYes EE} No {5®-5) White Metal &last Cleaning: Removal of all visible rust, mill scale, paint and foreign matter by blast cleaning by
wheel or nozzle (dry or wet) using sand, grit, or shot for very corrosive atmospheres where high cost of cleaning is
warranted,

LCves J No {5?-6) Commercial Blast Cleaning: Slast cleaning until at least two-thirds of the surface area is free of all visible residues
or rather severe conditions of exposure.

[ves EX No (SP-7) Brush Off Blast Cleaning: Blast cleaning of all surface area excent tightly adhering residues of miil scale, rust, and
coatings, exposing numerous, evenly distributed flecks of underlying metal.

Paves (] No (SP-10} Near White Blast Cleaning: Blast cleaning nearly te White Metal cleanliness, untif at least 95% of the surface area
is free of alf vistble residues for high humidity, chemical atmosphere, marine, or other corrosive environments.

LJves Ex} No (SP-13} Power Cleaning to Bare concrete: Complete removai of all scale, and paint by power tools with resultant surface
profile.

Section lil: Material Application

Apply high quality prefessional high-performance coating materials. Apply materials evenly and free from
defects, so as to produce finish work of a quality appearance and durability.

Materials: All Technical Data Sheets and SDS Sheets will be provided to customer upon request.

AS PER SPECIFICATIONS FEDERAL SPECIFICATIONS.

Note: All of the above coating systems are high-performance coating systems. Final choice of product will
be dependent on availability, job site restrictions and availability of products.

The inspection parameters for the application of each coat shall be in accordance with SSPC PA-2,
Measurement of Dry Coating Thickness with Magnetic Gages on Ferrous Substrates.

NOTE: We reserve the right to modify the selection of coating manufacturers prior to commencing our
field operations as long as they meet or exceed specified coating and meet with customer approval.

JB Safety International, Inc. ¢ P.O. Box 476 ¢ Seguin, TX 78156 ¢ 281-857-7919 ejeff@jbsafetyinti.com
htip:/Awww jbsafetyintl.com

Page |4

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Finance Committee - Agenda - 5/6/2020 - P90

Finance Committee - Agenda - 5/6/2020 - P91

By dnadmin on Mon, 11/07/2022 - 13:31
Document Date
Fri, 05/01/2020 - 14:46
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/06/2020 - 00:00
Page Number
91
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050620…

Section IV: Health, Safety & Environment

Our price includes having all our personnel properly trained pursuant to all state and federally mandated
OSHA and EPA standards and they will have the necessary PPE and be fully trained and qualified within
their respective trades, on the specific equipment they are working with, and the present and potential
hazards associated with the industrial environment in which we are working in. Our price does not include
the exposure of our personnel, to others or the environment to any previously applied coatings that
contain any hazardous materials, including, but not limited to, lead, asbestos or cadmium containing
compounds. If the presence of hazardous materials is unknown, we suggest samples of the existing
coatings should be taken to ascertain and evaluate the levels, if any, of hazardous substances to insure
compliance to all local, state and federal EPA and OSHA regulations. Our price includes all of our fieid
personnel receiving a safety briefing at your location, provided by others to acquaint our staff with the
specific health, safety and environmental considerations at the site, if necessary. Our pricing includes the
proper handling and disposal of all waste materials we generate on the project in customer provided
dumpster.

Section V: Quality Contral and Assurance

This project will be assigned a NACE or SSPC Certified Coating Inspector for quality control purposes. Our
corporate Quality Control (QC) programs are administered on an ongoing basis by a NACE or SSPC Level 3
Certified Coating Inspector. A site-specific inspection plan will be written and presented to you for your
consideration and approval prior to the commencement of our scope of work at your written request.

Section Vi: Schedule

Our pricing is based upon one mobilization to the site and continuing to proceed with our work on a full-
time basis, in one mobilization, until project is completed. We anticipate the project taking 7 calendar days
(weather permitting) in order to be in compliance to coating cure times and overcoat times.

Section Vil: Clarifications and Requiremenis

4. Our standard work hours are Monday thru Friday, 8:00 AM to 4:30 PM but hours may be adjusted

at the discretion of contractor to start as early as 6:00 AM and/or finish at sundown.

JB Safety International, Inc. ¢ P.O. Box 476 @ Seguin, TX 78156 ¢ 281-857-7919 éjeff@jbsafetyintl.com
htip:/Avww.jbsafetyinil.com

Page [5

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Finance Committee - Agenda - 5/6/2020 - P91

Finance Committee - Agenda - 5/6/2020 - P92

By dnadmin on Mon, 11/07/2022 - 13:31
Document Date
Fri, 05/01/2020 - 14:46
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/06/2020 - 00:00
Page Number
92
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050620…

For this project we may be working on Saturday and Sunday to apply coatings.

We require an area to store our material and equipment that is protected from the elements.

We will require sanitary restroom and break room facilities for our crew.

We will leave the site ina broom clean condition.

Our price does include the disposal of all of our generated waste materials in dumpsters provided

by owner.

7. Our price does not include repairing any damage to the installed coating system caused by the
neglect, abuse or accidents of others.

8. Our price does not provide for the cost of dehumidification and dust collection equipment, if
required.

9. Our price is based on customer providing any heat, lighting, water electricity or any other utilities.

2.
3.
4.
5.
6.

Section Vill: Insurance

We have various levels of insurance as mandated by local, state and federal laws for the various
jurisdictions we work in, including general liability, workmen’s compensation and automobile coverage. All
certificates of insurance will be presented prior to the commencement of our work to meet the minimum
project specifications and list additional insured parties, if required.

Section 1X: Pricing

We propose to furnish all of the labor, materials, lift, supervision and insurance necessary to complete the
project as defined and presented in this proposal for the lump sum of:

$ 11,000.00 { Eleven Thousand Dollars US}

Section X: Terms and Conditions

50% prior to mobilization, 50% on completion, 0.5%net 10
Our price does not include any local, state or federal
acceptance of a formal contract.

JB Safety International, Inc. @ P.O. Box 476 ¢ Seguin, TX 78156 ¢ 281-857-7919 ¢jeff@jbsafetyintl.com
htto:/Awww_jbsafetyintl.com

Page |6

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Finance Committee - Agenda - 5/6/2020 - P92

Finance Committee - Agenda - 5/6/2020 - P93

By dnadmin on Mon, 11/07/2022 - 13:31
Document Date
Fri, 05/01/2020 - 14:46
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/06/2020 - 00:00
Page Number
93
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050620…

Section Xi: Warranty

JB Safety Intentional, Inc. warrants that all of our installations shall be free from defects in workmanship
for a period of five (5) years after project completion. We expect the lifespan of the project to be
significantly longer. Materials have their own warranty.

Section XH: Acceptance

| have read and understand this proposal. The above prices, specifications and conditions are
satisfactory and | accept them. You are authorized to do the work as specified. Payment will be made as
outlined above.

Thank you for the opportunity to quote this to you. If you have any question, please call.

Sincerely,

Jeff Beard
President

JB Safety International, Inc. ¢ P.O. Box 476 @ Seguin, TX 78156 ¢ 281-857-7919 ejeff@jbsafetyintl.cam
htip-/Avww.jbsafetyintl.com

Page |?

Page Image
Finance Committee - Agenda - 5/6/2020 - P93

Finance Committee - Agenda - 5/6/2020 - P94

By dnadmin on Mon, 11/07/2022 - 13:31
Document Date
Fri, 05/01/2020 - 14:46
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/06/2020 - 00:00
Page Number
94
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050620…

PCO #006

Methuen Construction Co., Inc. Project: 181016 - Nashua Primary Tank Upgrades
144 Main Street - PO Box 986 2 Sawmill Road
Plaistow, New Hampshire 03865 Nashua, New Hampshire 03080

Phone: (603) 328-2222

Prime Contract Potential Change Order #006: Balancing Change Order

TO: City of Nashua FROM: Methuen Construction Ca., Inc.
229 Main Street 144 Main Street PO Box 980
Nashua New Hampshire, 03060 Plaistow New Hampshire, 03865

PCONUMBERIREVISION: 006/2 | CONTRACT: CS-330158-30 NASHUA PO 147380 - Nashua
Primary Tank Upgrades Prime Centract
Kelly Rochford (Methuen Construction Ca.,

REQUEST RECEIVED FROM: Joseph White (Methuen Construction Co., CREATED BY:

Inc.} Inc.)

STATUS: Pending - In Review CREATED DATE: 12/6/2019

scepuagge 00g . ee

cicib GUANGES OTT Gg EB RAND
CHANGE ORDER:

LOCATION:

“SCHEDULE IMPACT: - re "ACCOUNTING | AmountBased =
METHOD:

PAIDINFULL: | No - , TOTAL AMOUNT: $1,534.72 _ _ , ,

Methuen Construction (MC), hereby submits this PCO in accordance with the documentation referenced herein. It is expressly understood and agreed
that this proposal is valid for the time as specified within this document from ihe date of the PCO. The Proposal is based upon current day construction
costs and does not include escalation costs for any material items that are either volatile or market sensitive, This Proposal does not include overtime
acceleration or expediting costs. This proposal does not include the costs associated with out of sequence construction, interference, impact relaied
delays and disruptions. MC reserves its rights under the agreement to seek additional time, indirect and impact costs associated with the PCO, once the
impacts can be fully evaluated. This proposal is submitted based on the understanding that it is exempt from WBE/MBE participation requirements and
acceptance of this proposal waives the participation requiremenis associated with this additional work.

POTENTIAL CHANGE ORDER TITLE: Balancing Change Order
CHANGE REASON: No Change Reason

POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract is Changed As Follows)

CE #11 - PCO 006 Balancing Change Order

Balancing change order to cover the markup loss in PCO #003 and #004. MCC was notified that the PCO markup structure was not acceptable.
Originally Methuen had been marking up jJabor 15% and materials 10%, when it should have been markup up 15% for both, Methuen has also been
marking up subcontractor costs at 5% in PCO #003 & #004 when it should have been 10%.

“REVISED 1/23/2020

This PCO reflects the markup loss in PCO's 3&4. This PCO also includes the $847.85 from PCO #3 which was not inciuded on CO#3. Change Order
#3 reflected a ($-650.00) in our overall contract, when it should have been a ($+847.85). This was noted and approved in an email discussion between
Anthony Crespo and Wiley Litile on 10/25/2019.

“REVISED 1/27/2020

ATTACHMENTS:
PCO 006 Balancing PCO#3&4, CO#3 Revision.pdi _PCO No 6- Balancing CO $160.06.pcf_

Burden Rate

# | Cost Code Description Type Amount (34.00% Applies te Labor) Subtetal

Methuen Construction Co., Inc. page 1 of 2 Printed On: 1/27/ 2020 11 :55 AM

Page Image
Finance Committee - Agenda - 5/6/2020 - P94

Finance Committee - Agenda - 5/6/2020 - P95

By dnadmin on Mon, 11/07/2022 - 13:31
Document Date
Fri, 05/01/2020 - 14:46
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/06/2020 - 00:00
Page Number
95
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050620…

PCO #006

(+) $669.00 relfects balancing
i oui the original (-} $660.00 Other $660.33 5 0.00 3660.33
deducted in CO #3
Value is from original POO #6
2 for the markup less on both Olher $ 160.06 5 0.00; $180.06
PCO 3&4
Value is from the approved
Az . .
3 PCO Wa Other 3 347,85 3 0.00) $847.85
Value is reflective of the
4 difference from original and Other ($733.52} 30.00 ($133.52)
revised PCO #004
Subtotal: $1,534.72 $0.00 $1,534.72
GC Work Total Fee - Labor: 15.00% Applies to Labor and Burden, $0.60
GE Work Total Fee - Items 2, 3, 4: 0.00% Apnlics ta Other, Materia, and Equipment. $6.00
GC Subcontractors Work Fac: 5.00% Applies to Subcontractor. $0.00
Bond & General Liability: 6.00% Applies to Other, Matertal, Committed Costs, Labor, Rental Equipment Relief, Equipment, Subcontractor, and Burden. $0.00
Srand Total: $1,534.72
Dave Cockburn (Wright-Pierce} Gity of Nashua Methuen Construction Co., Inc.
14 Bowdoin Mill Island 229 Main Street 144 Main Street PO Box 980
Topsham, Maine 04086 Nashua, New Hampshire 03060 Plaistow, New Hampshire 03865
SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE
Methuen Construction Co., Inc. page 2 af 2 Printed On: 1/27/2020 11:55 AM

Page Image
Finance Committee - Agenda - 5/6/2020 - P95

Finance Committee - Agenda - 5/6/2020 - P96

By dnadmin on Mon, 11/07/2022 - 13:31
Document Date
Fri, 05/01/2020 - 14:46
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/06/2020 - 00:00
Page Number
96
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050620…

Doc #: 06
Ref. Document: 184016-PCO#6
PROJECT NAME: Date: 22-Jan-20
Nashua Primary Tank Upgrades
PROJECT NO: 181016
PHASE
COST SUMMARY SHEET
Balancing PCO, PCO#8 not reflected on CO#3
A NiC Labor (Recap Sheet):
B MC Materials, & Equipment (Recap Sheet):
Cc WIC Fee (A x 15%) + (B x 10%):
D Subtotal MC Work (A+B +C):
E Total Subcontractors (Below):
F MC Mark-up on Subcontractor Work (5%):
G Bond (1%) and General Liability (1%): $0.00
Total Proposal(D+E+F+G): $ 4,534.72
METHUEN CONSTRUCTION SUMMARY
METHUEN CONSTRUCTION Description Amount
This (+}$660.00, reflects balancing out the
$660.33 original (-)$660.00 deducted in CO#3 $ 660.35
This vaiue is from the original PCO#6 for
$160.06 the markup loss on both PCO384 =| S 160.06
$847.85 This value us from the approved PCO #3 $ 847.85
This value is reflective of the difference
“$133.52 from the original and revised PCO-004. «| © (133.52)
5 “
5 -
3 -
Totak $ 1,534.72

Page Image
Finance Committee - Agenda - 5/6/2020 - P96

Finance Committee - Agenda - 11/17/2021 - P154

By dnadmin on Mon, 11/07/2022 - 13:50
Document Date
Wed, 11/10/2021 - 18:08
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/17/2021 - 00:00
Page Number
154
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111720…

Init,

(Paragraphs deleted)

§ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver
of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of
final Application for Payment.

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY

§ 10.1 SAFETY PRECAUTIONS AND PROGRAMS

The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in
connection with the performance of the Contract.

§ 10.2 SAFETY OF PERSONS AND PROPERTY
§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to
prevent damage, injury or loss to

employees on the Work and other persons who may be affected thereby;

.2._ the Work and materials and equipment to be incorporated therein, whether in storage on or off the site,
under care, custody or contro! of the Contractor or the Contractor’s Subcontractors or
Sub-subcontractors; and

3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal, relocation or replacement in the course of
construction.

§ 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their
protection from damage, injury or loss.

§ 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract,
reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards,
promulgating safety regulations and notifying owners and users of adjacent sites and utilities.

§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are
necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under
supervision of properly qualified personnel.

§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property
insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in
whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by
any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections
10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone
directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not
attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to
the Contractor’s obligations under Section 3.18.

§ 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty
shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated
by the Contractor in writing to the Owner and Architect.

§ 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create
an unsafe condition.

10.2.7.1 It is the Contractor’s responsibility to initiate and maintain safety training and compliance programs that
meet or exceed OSHA standards and all applicable Federal, State and local safety health and environmental
regulations. The Owner maintains the right to inspect the work site to determine if conditions exist that could
reasonably be expected to cause death, serious physical harm or will compromise the safety and health of the Owner;

AIA Document A201™ ~ 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 27
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the faw. This document was produced by AIA software at 14:10:20 ET on 01/10/2020 under Order No. 1403731939 which

expires on 09/22/2020, and is not for resafe.

User Notes: (1145984853)

Page Image
Finance Committee - Agenda - 11/17/2021 - P154

Finance Committee - Agenda - 11/17/2021 - P155

By dnadmin on Mon, 11/07/2022 - 13:50
Document Date
Wed, 11/10/2021 - 18:08
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/17/2021 - 00:00
Page Number
155
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111720…

including visitors and contractor’s employees and sub-employees. If such conditions exist, the Owner has the nght to
suspend work if deemed unsafe.

§ 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY

If either party suffers injury or damage to person or property because of an act or omission of the other party, or of
others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured,
shall be given to the other party within a reasonable time after discovery. The notice shall provide sufficient detail to
enable the other party to investigate the matter.

§ 10.3 HAZARDOUS MATERIALS

§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents
regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the
Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to
persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl
(PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately
stop Work in the affected area and report the condition to the Owner and Architect in writing.

§ 10.3.2 Upon receipt of the Contractor’s written notice, the Owner shall! obtain the services of a licensed laboratory to
verify the presence or absence of the material or substance reported by the Contractor and, in the event such material
or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract
Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons
or entities who are to perform tests verifying the presence or absence of such material or substance or who are to
perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will
promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities
proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the
Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection.
When the material or substance has been rendered harmless, Work in the affected area shall resume upon written
agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the
Contract Sum shall be increased in the amount of the Contractor’s reasonable additional costs of shut-down, delay and
start-up.

§ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor,
Subcontractors, Architect, Architect’s consultants and agents and employees of any of them from and against claims,
damages, losses and expenses, including but not limited to attomeys’ fees, arising out of or resulting from
performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or
death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or
expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
(other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of
the party seeking indemnity.

§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to
the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible
for materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or
negligence in the use and handling of such materials or substances.

§ 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a
material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to
perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault
or negligence.

§ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for
the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the
Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred.

AIA Document A201™ — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American

Init. Institute of Architects. Alf rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 28
reproduction or distribution of this AlA* Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the
! maximum extent possible under the law. This document was produced by AIA software at 14:10:20 ET on 01/10/2020 under Order No. 1403731939 which

expires on 09/22/2020, and is not for resale.
User Notes: (1145984853)

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Finance Committee - Agenda - 11/17/2021 - P155

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