Project Bid Manual - Skanska · Design Team Manager, ... All Design Documents and Volume 1a Project Bid Manual and related ... BP 3A Concrete Work

Project Bid Manual

Volume 1a – Bid Manual General Conditions Revised: October 3, 2016

Project Site: Multi-Institutional Academic Health Science & Research Center 515 Walnut Street Evansville, IN 47708 Evansville Health Realty, LLC Owner/Developer

PCI Skanska Inc. Design Team Manager, Structural Engineers, MEP Engineers

SLAM Architects

VPS Architects

Rundell Ernstberger Associates Landscape

Lochmueller Group Civil

KJWW Commissioning Agent

General Contractor/Construction Manager Skanska

Multi-Institutional Academic TABLE Health Science & Research Ctr OF October 3, 2016 Evansville, IN CONTENTS Page 1

TABLE OF CONTENTS 1 of 1 .

SECTION 1 – BIDDING INFORMATION No. of Pages Invitation to Bid ............................................................................................................................. 13 Instructions to Bidders – AIA Document A701, 1997 .................................................................... 6 Supplemental Instructions to Bidders and Special Conditions .................................................... 13 Scope Specific Bid Packages .............................................. To Be Individually Posted to Website Bid Form ......................................................................................................................................... 5 Bid Document Drawing Index ........................................................................................................ 1 LEED-NC Version 3.0 Registered Project Checklist ..................................................................... 1 SECTION 2 – CONSTRUCTION ADMINISTRATION Name No. of Pages Additional Project Information ................................................................................ 2

Geotechnical Report ................................................... Website Attachment Environmental Site Assessment ................................. Website Attachment Limited Subsurface Investigation – Block 1 ................ Website Attachment Limited Subsurface Investigation – Block 2 ................ Website Attachment Limited Subsurface Investigation – Block 3 ................ Website Attachment Limited Subsurface Investigation – Block 4 ................ Website Attachment D-Patrick Asbestos Survey ......................................... Website Attachment Site Staging Plan........................................................................................ 1 Project Schedule ......................................................... Website Attachment Skanska EHS Safety Manual ...................................... Website Attachment Qualification (Qualification Questionnaire) ................. Website Attachment Code of Conduct ......................................................... Website Attachment MBE/WBE Exhibits PS-1, T, T-1, T-2, T-3 ................. Website Attachment Temporary Lighting and Power Description .............................................. 1 IAQ (Indoor Air Quality Plan) ..................................................................... 8 KJWW Commissioning Plan dated 09/12/16 ............. Website Attachment

Contract Terms ........................................................................................................ Sample Subcontractor Agreement (Note all referenced or identified bid

documents shall be made part of the Subcontractor Agreement) ........... 66

Page 1 of 13 Invitation to Bid and Instructions to Bidders

Invitation to Bid and Instructions to Bidders Date: October 3, 2016 To: Subcontractors & Vendors Owner/Developer: Evansville Health Realty, LLC 5000 Meridian Boulevard, Suite 100 Franklin, TN 37067 Design Team: Design Team Manager Design Architects - Lead PCI Skanska Inc. SLAM 112 Ingle Street 80 Glastonbury Boulevard Evansville, IN 47708 Glastonbury, CT 06033 Mech, Elect, & Plbg Engrs. Design Architects PCI Skanska Inc. VPS 112 Ingle Street 528 Main Street, Suite 400 Evansville, IN 47708 Evansville, IN 47708 Landscape Engineer Structural Engineers Rundell Ernstberger Associates PCI Skanska Inc. 618 East Market Street 112 Ingle Street Indianapolis, IN 46202 Evansville, IN 47708 Civil Engineer Lochmueller Group 6200 Vogel Road Evansville, IN 47715 Commissioning Agent: KJWW 8900 Keystone Crossing, Suite 210 Indianapolis, IN 46240 Construction Mgr. Skanska General Contractor 401 N.W. First St. Evansville, IN 47708 P.O. Box 208 Evansville, IN 47702-0208

A. Evansville HealthRealty / Skanska will be accepting bids on (TBD – As Indicated on the PDP Website) at 1:00 pm CST for your respective scope of work for a specific bid package, or combination of bid packages described in the attached summary for a project described in general as follows:

1. Multi-Institutional Academic Health Science and Research Center


B. Mandatory pre-bid meeting will be held at (TBD – As Indicated on the PDP Website) to review the packages.

C. Bid Bonds for 5% of Bid Amount will be required

D. Bids shall remain valid for a period of ninety (90) days from the Bid due date.

E. Bidding documents can be reviewed online at Skanska’s Project Document Portal

website.

F. All work shall meet requirements of the drawings, specifications, and other contract documents. These contract documents are posted on Skanska’s Project Document Portal (PDP), Repro Graphix, Inc., and may be examined at the office of the Construction Manager.

G. All bidders shall submit a list of sub-contractors and major material suppliers with

their bid. DBE’s shall be noted on Exhibit T-1 Subcontractor’s Participation Plan.

H. It is the Owner’s intent to award these bid packages as described in the attached summary and assign such contracts to the construction manager, Skanska. All subcontractors must abide by Skanska Safety Policies and complete the qualification documents contained within these bid documents.

I. Evansville HealthRealty / Skanska shall receive Bids at 413 Walnut Street,

Evansville, IN 47708, until 1:00 pm CST on (TBD – As indicated on the PDP Website) for each package. Bids received after this time will be returned unopened. Bids will be opened publicly.

J. Bidding Documents may be purchased from Repro Graphix, Inc. at a non-refundable

rate based on their current pricing. Request for Documents to be purchased must contain precise instructions as to the actual Drawing sheets and Project Manual desired. All such purchased Documents will be printed on an individual basis and orders will be filled within twenty-four (24) hours of receipt of written request. Please email written requests to the address below. Please put a standardized subject in the email request of “Multi-Institutional Facility Print Request”. It is the responsibility of each bidder to monitor the PDP site for Addenda. All written requests for prints or specifications must contain specific printing instructions (i.e., sheet numbers and page and section numbers.) Please note that bidders are responsible for the content of all bid documents regardless of documents purchased on an individual basis.

Repro Graphix, Inc. 14 NW 6th Street Evansville, IN 47708 Ph: 812-422-2400 or 800-521-6102 - Email: [email protected]

K. All bids shall be submitted in duplicate on the bid form, properly completed and signed in an opaque envelope marked “BID ENCLOSED for Bid Package “XX”, Multi-Institutional Academic Health Science & Research Center – Evansville, Indiana.” ATTN: Jim Cross.

Sealed Bids can be dropped off at Skanska’s jobsite office located at 413 Walnut Street, Evansville, IN 47708. Bids must be sealed and in hard copy format. No electronic copies, emails, faxes, phone bids, etc. will be accepted.


Bidding Requirements The basis of award will be review of qualification documents, submitted lump sum price and schedule to complete the work.

• The bid must be submitted in the requested bid format to receive consideration.

• Section numbers shown are not intended to limit the scope of work contemplated for the bid item. Where a specific item of work is not defined, but is normally inherent to a trade, or is included in the scope of the applicable technical revision, it will be the responsibility of that Contractor to include the work in his proposal.

• For each bid package you are bidding a separate bid form should be used. • Combination bids will be accepted and should be noted on the bid form.

Information to Be Submitted with Quote

• Bid Form and Price Breakout • 5% Bid Bond • Scope Specific Bid Package Requested Information and Breakout • Sample of Insurance Coverage • Copy of Licensing with Vanderburgh County / City of Evansville • Completed Qualification Form • Resumes of Key Project Staff • Copies of MBE/WBE certifications (if applicable) • DBE Exhibit T-1 Subcontractor’s Participation Plan • List of subcontractors and material suppliers.

L. Refer to Volume 1a for construction schedule and completion dates.

Schedule

Time is of the essence. Skanska intends to complete construction of this new facility in December 2017 with commissioning finishing up in February 2018. The successful bidder for each bid package will be responsible to complete their scope of work in accordance with the project schedule included in the bid documents. This schedule outlines the sequence of activities required to provide substantial completion of the various areas of the facility. Your bid should include the cost for the necessary resources, i.e. supervision, manpower, equipment, tools and shift work/overtime to support this schedule.

Successful contractor(s) will be responsible to pay liquidated damages in the amount of $ 1,000.00/day for each day past their total allotted time frame for their respective work. The project milestone completion dates are summarized as follows:

Description Milestone Dates

• Weather-tight Building See Schedule • Level 1 & 2 Complete See Schedule • Level 3, 4 & Building Complete See Schedule • Commissioning Complete – Move In See Schedule

M. The Owner reserves the right to reject any or all bids and to waive any irregularities in

bidding and to award bids in any manner or combination they so desire.


N. Examination of contract documents and site:

• Before submitting Bids, Bidders shall carefully examine specifications and

related Contract Documents, visit the site of work and fully inform themselves as to existing conditions, facilities, restrictions and other matters that can affect the work or cost thereof.

• Bids shall include cost of all work and materials required to complete the Contract in a first-class manner as hereinafter specified.

• Failure or omission of Bidder to receive or examine any form, instruction, addendum or other document or to visit the site and acquaint themself with existing conditions shall in no way relieve them from any obligation with respect to their Bid or Contract, and no extra compensation will be allowed by reason of any thing or matter concerning which Bidder should have fully informed themself prior to bidding.

• The submission of the Bid will constitute incontrovertible representation by the Bidder that he has complied with every requirement of this Paragraph N.

O. All questions should be submitted via the PDP website.

P. Please note that this project is pursuing a LEED Silver rating. All subcontractors and

vendors are expected to provide and install LEED applicable components/information for certification.

Q. Please note that this project is pursuing the following project DBE Goals: 12% MBE/

7% WBE. All MBE/WBE subcontractors and vendors are expected to provide the information requested on Exhibits PS-1, T, T-1, T-2, T-3 throughout the project.

R. Please note this project has a 2 year warranty requirement unless specifications

require more stringent warranties. All warranties start at project substantial completion. Extended warranties to cover temporary usage of project components until substantial completion are to be included in the respective bid packages.

S. Following is the Bid Package break-out for the referenced project. Note, the project

includes three major components: Site Development, Building, Surface Parking & Demolition. The following bid packages include work in all of the components. The bid form requires bids for each component.

All Design Documents and Volume 1a Project Bid Manual and related Requirements are to be considered with each bid package.

Preliminary Bid Packages These packages are meant to give an over-view and are not to be construed to identify all portions of the work. Bid Package Designations are subject to change depending on actual scope distribution. All drawings and specifications are complimentary and each bidder is required to review all drawings and specifications to ensure a complete package. BP 1A Testing Services

o Density Testing o Augercast Piling Testing o Concrete Testing o Masonry Grout Testing o Structural Bolt up Testing o Spray Fireproofing Pull Testing


BP 2B Radio Station Building Demolition o Erosion Control – Specific to Scope

BP 3A Concrete Work

o Footings/Foundations - Excavation o Basement Backfill o Footing Drain o Cast-in-place Concrete – Aggregate Base, Mesh, Rebar, etc o Miscellaneous Concrete Work – insulation, vapor barrier, waterstop, etc. o Chipping Augercast Piling to Elevation o Removal of chippings from site o Auger Cast Piles Support Work o Install embedded metals o Slab on grade and elevated slabs o All Equipment Pads o Waterproofing o Termite Control

BP 3B Precast Concrete

o Architectural Precast Concrete members and panels o Panel details o Special finishes o Grouting, Shims, Etc. o Embeds o Clean and Protect

BP 5A Structural Steel (Furnish and Erect)

o Structural Steel Note there is a Buy American Clause

o Metal Support Framing o Composite Metal Decking, Roof Decking o Joist o Metal Stairs o Furnish & Install Barrier Cable Fall Protection o Furnish Anchor Bolts to Concrete Contractor

BP 5D Misc Metals (Furnish and Erect) o All Misc. Metals o Pipe and Tube Handrails/Railings o Gratings o Ornamental Handrails and Railings o Elevator Pit Ladders o Ships Ladder o Grating at Areaways o Grating at Elevator Sump Pits o Misc Metal Framing for Elevator Maintenance o Vanity Support o Toilet Partition Support o Movable Partition Wall Supports o Supports Required for Owner Furnished Equipment o Bollards o Misc Embeds for Glass railing if required. o Window Washing Tie-Backs


o List each detail section on quote to identify all areas o Exterior Wall Mockup

BP 6A General Package o Rough Carpentry

All wood must be FSC Certified – See LEED Blocking as required and indicated in specs as well as any needed blocking

to support all fixtures. o Interior Architectural Woodwork

Casework, Plastic Laminate, Formica All Wood must be FSC Certified – See LEED

o Doors and Frames Purchase, unload and stockpile frames 1st floor – Drywall contractor install

frames. o Custom Wood Doors (include doors at demountable partitions)

Wood Doors must be FSC Certified – See LEED o Door Hardware (include hardware for doors at demountable partitions) o Door Operators o Site Stone Work. Pavers & Joint Sealants o Unit Masonry Assemblies o Foam Insulation o Joint Sealants o Exterior Wall Mockup o Toilet Compartments o Flagpoles (if applicable) o Toilet & Bath Accessories o Dock Equipment o Lockers o Construction Fire Extinguishers and Maintenance o Permanent Fire Extinguishers and Cabinets o Overhead Coiling Doors (if applicable) o Operable Partitions (if applicable) o Corner Guards o Crashrails o Corridor Handrails o Expansion Joints o Building Final Clean o Construction Continuous Clean (Unidentifiables)

BP 7A Roofing Package

o Manufactured Roof Panels o Membrane Roofing o Sheet Metal Flashing and Trim o Roof Accessories (i.e. hatch) o Tapered Insulation and/or Lightweight Insulating Concrete

BP 7B Sprayed Fireproofing

o Continuous cleanup of overspray o Stock of patch to be used by other trades

BP 8A Curtainwall o Glazed Aluminum Walls and Entrances/Curtainwall o Metal Panels o Through & Perimeter Penetration Firestop System at Exterior Perimeter o Insulation within Metal Panel


o Metal Column Covers o Storefront Systems o Outside Entries w/ Alum Doors, Hardware o Joint Sealants o Remove Barrier Cable Fall Protection o Flexible Flashing o Exterior Wall Mockup

BP 8B Glazing – Interior o Mirrored Glass o Interior glass walls o Acrylic Panels o Colored Glass o Vestibule Glazing o Glass in Wood, PL and HM doors o Glass Vestibules/Entries w/ Alum Doors, Hardware o Glass Doors, Sidelite glazing including glazing at demountable partitions. o Joint Sealants

BP 9A Drywall and Acoustical Package

o Building Insulation o Dens Glass o Exterior plywood & Wood Blocking

All wood must be FSC Certified – See LEED o Building wrap/vapor barrier o Cold Formed Structural Framing (include signed/sealed design from Indiana engineer) o Gypsum Board Assemblies o Acoustical Panel Ceilings o Seismic o Fabric Wrapped Panels (if applicable) o Access Doors & Frames (install, furnished by trades) o Set Control Working Points and Benchmarks on each floor to be utilized by other trades. o Cold Formed Metal Framing o Interior firesafing/firestop at openings for this contractor. o Set Door Frames (General package provided – in stockpile on 1st floor) o Joint Sealants o Remove Barrier Cable Fall Protection, to be banded and palletized and put in storage as

directed by CM. o Spray Sound Insulation o Exterior Soffits o GFRP Column Wraps o Flexible Flashing where applicable. o Sound caulking o Vacuum Bottom Track o Exterior Wall Mockup o Coordination Drawings with other trades

BP 9B Ceramic Tile o Dimensional Tile

BP 9C Terrazzo

o Terrazzo o Sample Mockups

BP 9D Carpet and Resilient Flooring


o Sheet Vinyl Flooring o VCT Flooring o Resilient Wall Base and Accessories o Carpet o Carpet Tile o Entrance Mats o Stairwells – Treads/Landings

BP 9E Painting & Wallcovering Package

o Painting – Interior/Exterior Pre-paint back half of GFRP column covers furnished by drywall contractor

o Wallcoverings o High Performance Coatings o Floor Sealers o Joint Sealants

o Including caulking around all door frames, o Including caulking at metal stairs, walls

BP 13A Radio Frequency Shielding

o Coordination with Magnet Installer o Leakage testing o Waveguides

BP 14A Vertical Transportation

o Freight & Passenger o Temporary Construction Use of Freight – 5 mos.

BP 21A Fire Protection System

o Permits o Inspections/Certifications o Fire Suppression Piping o Fire Pump o Standpipes and Hoses o Coordination Drawings with other trades

BP 22A Plumbing Systems

o Permits o Tap Fee o Piping Sub-drainage & Foundation Drain o Excavation & Backfill o Plumbing Pump Packages o Domestic Water o Natural Gas o Medical Gas o Sanitary Waste & Vent o Storm Drain o Piping Insulation o Through Penetration Firestop System o Fixtures

o Automatic water sensors, garbage disposals, etc. to be wired by electrical contractor

o Showers, Shower Seats o Drinking Fountains o Garbage Disposals (Furnish and Install) o Blocking for Plumbing accessories.


All wood must be FSC Certified – See LEED o Pipe Sleeves o Equipment o Furnish Access Panels (must coordinate same manufacturer w/HVAC) – Installed by

Drywall Contractor. o Access Flooring – coverage of any open holes related to Piping. o Heat Exchanger o Condensate Piping o Plumbing Expansion Tanks o See HVAC section for furnishing and supplying any necessary piping for tempering of the

building. o Seismic of all components installed by Plumbing contractor whether equipment provided

by others or not. o Include any necessary hoisting / lifting for this scope package o Provide equipment pads for this scope package o Provide listing of all manufacturers/subcontractors in bid. o All O&M manuals are required within 30 days of equipment shop drawing approval. o Refer to IAQ Program (Indoor Air Quality) o Commissioning o Coordination Drawings with other trades

BP 23A Mechanical/HVAC o Permits o Excavation & Backfill o Piping Insulation o Pipe Sleeves o Mechanical Piping Systems (i.e. – Chilled and Condenser Water) o Seismic Restraints o Hanger Assemblies o Duct – Round, Rectangular, Sheet Goods o Drain Pans o Temp HVAC & Filters o Air Testing & Balancing o Ductwork Insulation o Controls o Grilles, Registers & Diffusers o Louvers & Grilles o VAV Boxes o Dampers – Fire, Smoke, Manual, Control o Seismic Cabling o Unit Heaters & Fin Tube o Fan Coil Units o Energy Recovery Units o Mechanical System Expansion Tanks o HVAC Heat Exchangers o Under Floor Air Distribution Systems o Through Penetration Firestop System o Duct Smoke Detectors are furnished by the systems contractor, installed by systems

contractor and wired by systems contractor. o Furnish Access Panels (must coordinate same manufacturer w/Piping) Installed by

Drywall Contractor. o Access Floor Testing o Perimeter Enclosure Panel is by Access Flooring subcontractor. o Equipment


Equipment manufacturers shall provide individual pricing on components as well as combined quotes.

o HVAC Pump Packages o Cooling Towers o Chillers o Variable Frequency Drives o Humidifiers o HVAC and Mechanical Building Automation System o Refrigerant Detection System and all associated components shall be furnished and

installed by Building Automation Contractor o Access Flooring – coverage of any open holes related to HVAC. o The HVAC contractor shall be responsible for coordinating the requirements with all of

the other contractors (i.e. - electrical contractor, HVAC controls contractor, etc.) for maintaining a temperature of 55 degrees (during winter) and 75 degrees (during summer) on each of the floors on this project. The temporary HVAC requirements shall be maintained for a maximum of 6 months and shall also be coordinated with the construction schedule and the construction manager (ICS). The HVAC contractor shall be responsible for temporary filtering and cleaning of the permanent HVAC systems as required by the specifications – please see also LEED requirements. The electrical contractor shall be responsible for having the permanent power to these HVAC systems, the piping contractor shall be responsible for the permanent piping requirements for these HVAC systems and the HVAC controls contractor (subcontractor to the HVAC contractor) shall be responsible for the temporary or permanent controls requirements for these HVAC systems. The HVAC contractor shall provide a 6 month extended warranty (labor and material) for all of the permanent HVAC systems that are used for the temporary HVAC requirements.

o Extended Warranties for Equipment Tempering the Building o Temporary Filters (MERV-8 Minimum) and replacement of temporary filters on

Equipment Tempering the Bldg for– 6 mos. –check & verify LEED requirements. o Building Flushout – Leed Requirements. o Must follow IAQ (Indoor Air Quality Plan) for LEED o Seismic of all components installed by HVAC contractor whether equipment provided by

others or not. o Include any necessary hoisting / lifting for this scope package o Provide equipment pads for this scope package o Provide listing of all manufacturers/subcontractors in bid. o All O&M manuals are required within 30 days of equipment shop drawing approval. o Commissioning o Coordination Drawings with other trades

BP 26A Electrical Package

o Electrical Permits o Site Electrical o Site Underground raceways and ductbanks o Excavation & Backfill o Site Lighting – Including all excavation and concrete bollards. o Pole Bases o Code Blue Parking Lot System by systems contractor- conduit installed/supplied by

Electrical. o Erosion Control for this scope package – Install and Maintain o Temporary Power/Temp Elect/ Temp Lighting – Furnish, Install, Removal o Ductbanks – Including Excavation, Concrete, Backfill o Grounding & Lightning Protection o Switchgear & Panels o Distribution conduit/cable


o Generator and Transfer Switch o Cable Tray o Branch Conduits/cable o Underfloor wiring system o Wiring Devices o Lighting Control o Testing o Piping Fixtures - Automatic water sensors, garbage disposals, etc to be wired by

electrical contractor o Light Fixtures o Coordination and Final Power Connection of Operator Controlled Doors o Duct Smoke Detectors are furnished by the systems contractor, installed by systems

contractor and wired by systems contractor. o Electric Unit Heaters & Fin Tube (Furnished by HVAC, installed by electrical) o PPS Field Wiring o Through Penetration Firestop System o Access Flooring – coverage of any open holes related to electrical.

If both technology and electrical in same cut – electrical shall provide cover. o Access Floor Testing o See HVAC section for furnishing and supplying any necessary electrical for tempering of

the building. o Seismic of all components installed by Electrical contractor whether equipment provided

by others or not. o Provide equipment pads for this scope package (including transformer pads) o Include any necessary hoisting / lifting. o Equipment o Projection Screens – furnished and installed. o All O&M manuals are required within 30 days of equipment shop drawing approval. o Refer to IAQ Program (Indoor Air Quality) o Commissioning o Coordination Drawings with other trades

BP 28A Low Voltage Package

Spec Sections including but not limited Division 27, Division 28 o Security Systems

Review door hardware schedule for compatibility. o Coordination and Final Control Connection of Operator Controlled Doors o Fire Alarm o Sound, Communication System, CATV & White Noise o Computer & Data Wiring; UPS System o Fiber Connection (To existing buildings) o Code Blue Parking Lot System by systems contractor- conduit installed/supplied by

Electrical. o Through Penetration Firestop System o Access Flooring – coverage of any open holes related to technology

If both technology and electrical in same cut – electrical shall provide cover. o Access Floor Testing o Duct Smoke Detectors are furnished by the systems contractor, installed by systems

contractor and wired by systems contractor. o Seismic of all components installed by Systems contractor whether equipment provided

by others or not. o Provide any equipment pads for this scope package o All O&M manuals are required within 30 days of equipment shop drawing approval. o Refer to IAQ Program (Indoor Air Quality) o Commissioning


BP 31A Mass Excavation and Site Demolition Package

o Multiple Mobilizations to complete work on all four project quadrants o Site Erosion Control for SWPPP– Install & Maintain o Balance of Site Clearing/Demo – asphalt, curbs, signs, security gates, etc. o Site survey and control o Mass Excavation o De-watering o Bring building footprint and site to grade o Compacted aggregate base

BP 31B Augercast Piling

o Test Pile o Augercast Piling o Removal of Spoils from Site o Reinforcing Steel o As-Built Survey for Piling Installation

BP 32A Landscaping o Plant Materials o Turf & Grasses o Underground Irrigation System o Top Soil – Furnish and Install

BP 32B Site Concrete & Amenities

o Sidewalks, concrete paving, general hardscapes including pavers. o Excavation & Backfill o Final demo at CM trailer, install new curbs. o Concrete under pavers o Irrigation Sleeves o Final grading of site o Furnish and install DGA as required for this package. o Asphalt Patching as required. o Site Furnishings – Bike Racks o Fence at dumpster o Concrete curbs

BP 32C Hot Mix Asphalt Paving

o Multiple Mobilizations to complete work on all four project quadrants o Aggregate Base – Plan adding 2” to top off and final grade o Asphalt Patching as required. o Asphalt, Striping, Signs

BP 33A Utility Package

o Multiple Mobilizations to complete work on all four project quadrants o Sewerage Systems o Storm Sewer System o Erosion Control for this package – Install & Maintain o Water Distribution


OWNER Provided Items – FFE Owner responsible for all unloading, protection, hoisting and installation. Residential Appliances –Refrigerators, Ice Makers, Microwaves, TV’s, Etc. Demountable Walls Electrical/Systems packages to include power & low voltage but not connections General Package furnishes and installs wood doors and hardware Glazing Package furnishes and installs glass for sidelites. Graphics & Signage Electrical package to include power but not connections No means of support provided in packages above. Roller Shades (if applicable) Electrical package to include power but not connections Blocking not currently shown or included Office Furniture- Cubicles Food Service Equipment Medical Equipment & Devices

AIA®

Document A701TM – 1997 Instructions to Bidders

AIA Document A701™ – 1997. Copyright © 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 law. This draft was produced by AIA software at 10:15:40 on 12/09/2015 under Order No.8597802780_1 which expires on 05/20/2016, and is not for resale. User Notes: (946088761)

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ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

for the following PROJECT: (Name and location or address) «Sample» « » THE OWNER: (Name, legal status and address) « »« » « » THE ARCHITECT: (Name, legal status and address) « »« » « » TABLE OF ARTICLES 1 DEFINITIONS 2 BIDDER'S REPRESENTATIONS 3 BIDDING DOCUMENTS 4 BIDDING PROCEDURES 5 CONSIDERATION OF BIDS 6 POST-BID INFORMATION 7 PERFORMANCE BOND AND PAYMENT BOND 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR


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ARTICLE 1 DEFINITIONS § 1.1 Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of the Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions to Bidders, the bid form, and other sample bidding and contract forms. The proposed Contract Documents consist of the form of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications and all Addenda issued prior to execution of the Contract. § 1.2 Definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201, or in other Contract Documents are applicable to the Bidding Documents. § 1.3 Addenda are written or graphic instruments issued by the Architect prior to the execution of the Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections. § 1.4 A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents. § 1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which Work may be added or from which Work may be deleted for sums stated in Alternate Bids. § 1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted. § 1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents. § 1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the Bidding Documents. § 1.9 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion of the Work. ARTICLE 2 BIDDER'S REPRESENTATIONS § 2.1 The Bidder by making a Bid represents that: § 2.1.1 The Bidder has read and understands the Bidding Documents or Contract Documents, to the extent that such documentation relates to the Work for which the Bid is submitted, and for other portions of the Project, if any, being bid concurrently or presently under construction. § 2.1.2 The Bid is made in compliance with the Bidding Documents. § 2.1.3 The Bidder has visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the Bidder's personal observations with the requirements of the proposed Contract Documents. § 2.1.4 The Bid is based upon the materials, equipment and systems required by the Bidding Documents without exception. ARTICLE 3 BIDDING DOCUMENTS § 3.1 COPIES § 3.1.1 Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Advertisement or Invitation to Bid in the number and for the deposit sum, if any, stated therein. The deposit will be refunded to Bidders who submit a bona fide Bid and return the Bidding Documents in good condition within ten days after receipt of Bids. The cost of replacement of missing or damaged documents will be deducted from the deposit. A Bidder receiving a Contract award may retain the Bidding Documents and the Bidder's deposit will be refunded.


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§ 3.1.2 Bidding Documents will not be issued directly to Sub-bidders unless specifically offered in the Advertisement or Invitation to Bid, or in supplementary instructions to bidders. § 3.1.3 Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. § 3.1.4 The Owner and Architect may make copies of the Bidding Documents available on the above terms for the purpose of obtaining Bids on the Work. No license or grant of use is conferred by issuance of copies of the Bidding Documents. § 3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS § 3.2.1 The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Architect errors, inconsistencies or ambiguities discovered. § 3.2.2 Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Architect at least seven days prior to the date for receipt of Bids. § 3.2.3 Interpretations, corrections and changes of the Bidding Documents will be made by Addendum. Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them. § 3.3 SUBSTITUTIONS § 3.3.1 The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. § 3.3.2 No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Architect at least ten days prior to the date for receipt of Bids. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other portions of the Work, including changes in the work of other contracts that incorporation of the proposed substitution would require, shall be included. The burden of proof of the merit of the proposed substitution is upon the proposer. The Architect's decision of approval or disapproval of a proposed substitution shall be final. § 3.3.3 If the Architect approves a proposed substitution prior to receipt of Bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner. § 3.3.4 No substitutions will be considered after the Contract award unless specifically provided for in the Contract Documents. § 3.4 ADDENDA § 3.4.1 Addenda will be transmitted to all who are known by the issuing office to have received a complete set of Bidding Documents. § 3.4.2 Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. § 3.4.3 Addenda will be issued no later than four days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. § 3.4.4 Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid.


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ARTICLE 4 BIDDING PROCEDURES § 4.1 PREPARATION OF BIDS § 4.1.1 Bids shall be submitted on the forms included with the Bidding Documents. § 4.1.2 All blanks on the bid form shall be legibly executed in a non-erasable medium. § 4.1.3 Sums shall be expressed in both words and figures. In case of discrepancy, the amount written in words shall govern. § 4.1.4 Interlineations, alterations and erasures must be initialed by the signer of the Bid. § 4.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change." § 4.1.6 Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder's refusal to accept award of less than the combination of Bids stipulated by the Bidder. The Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any other manner. § 4.1.7 Each copy of the Bid shall state the legal name of the Bidder and the nature of legal form of the Bidder. The Bidder shall provide evidence of legal authority to perform within the jurisdiction of the Work. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder. § 4.2 BID SECURITY § 4.2.1 Each Bid shall be accompanied by a bid security in the form and amount required if so stipulated in the Instructions to Bidders. The Bidder pledges to enter into a Contract with the Owner on the terms stated in the Bid and will, if required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The amount of the bid security shall not be forfeited to the Owner in the event the Owner fails to comply with Section 6.2. § 4.2.2 If a surety bond is required, it shall be written on AIA Document A310, Bid Bond, unless otherwise provided in the Bidding Documents, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney. § 4.2.3 The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn or (c) all Bids have been rejected. § 4.3 SUBMISSION OF BIDS § 4.3.1 All copies of the Bid, the bid security, if any, and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name, the Bidder's name and address and, if applicable, the designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof. § 4.3.2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened. § 4.3.3 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. § 4.3.4 Oral, telephonic, telegraphic, facsimile or other electronically transmitted bids will not be considered. § 4.4 MODIFICATION OR WITHDRAWAL OF BID § 4.4.1 A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid.


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§ 4.4.2 Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder. Written confirmation over the signature of the Bidder shall be received, and date- and time-stamped by the receiving party on or before the date and time set for receipt of Bids. A change shall be so worded as not to reveal the amount of the original Bid. § 4.4.3 Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. § 4.4.4 Bid security, if required, shall be in an amount sufficient for the Bid as resubmitted. ARTICLE 5 CONSIDERATION OF BIDS § 5.1 OPENING OF BIDS At the discretion of the Owner, if stipulated in the Advertisement or Invitation to Bid, the properly identified Bids received on time will be publicly opened and will be read aloud. An abstract of the Bids may be made available to Bidders. § 5.2 REJECTION OF BIDS The Owner shall have the right to reject any or all Bids. A Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or a Bid which is in any way incomplete or irregular is subject to rejection. § 5.3 ACCEPTANCE OF BID (AWARD) § 5.3.1 It is the intent of the Owner to award a Contract to the lowest qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner's judgment, is in the Owner's own best interests. § 5.3.2 The Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents, and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted. ARTICLE 6 POST-BID INFORMATION § 6.1 CONTRACTOR'S QUALIFICATION STATEMENT Bidders to whom award of a Contract is under consideration shall submit to the Architect, upon request, a properly executed AIA Document A305, Contractor's Qualification Statement, unless such a Statement has been previously required and submitted as a prerequisite to the issuance of Bidding Documents. § 6.2 OWNER'S FINANCIAL CAPABILITY The Owner shall, at the request of the Bidder to whom award of a Contract is under consideration and no later than seven days prior to the expiration of the time for withdrawal of Bids, furnish to the Bidder reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. Unless such reasonable evidence is furnished, the Bidder will not be required to execute the Agreement between the Owner and Contractor. § 6.3 SUBMITTALS § 6.3.1 The Bidder shall, as soon as practicable or as stipulated in the Bidding Documents, after notification of selection for the award of a Contract, furnish to the Owner through the Architect in writing:

.1 a designation of the Work to be performed with the Bidder's own forces;

.2 names of the manufacturers, products, and the suppliers of principal items or systems of materials and equipment proposed for the Work; and

.3 names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the Work.

§ 6.3.2 The Bidder will be required to establish to the satisfaction of the Architect and Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents.


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§ 6.3.3 Prior to the execution of the Contract, the Architect will notify the Bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to a person or entity proposed by the Bidder. If the Owner or Architect has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder's option, (1) withdraw the Bid or (2) submit an acceptable substitute person or entity with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost occasioned by such substitution. The Owner may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited. § 6.3.4 Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and Architect. ARTICLE 7 PERFORMANCE BOND AND PAYMENT BOND § 7.1 BOND REQUIREMENTS § 7.1.1 If stipulated in the Bidding Documents, the Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds may be secured through the Bidder's usual sources. § 7.1.2 If the furnishing of such bonds is stipulated in the Bidding Documents, the cost shall be included in the Bid. If the furnishing of such bonds is required after receipt of bids and before execution of the Contract, the cost of such bonds shall be added to the Bid in determining the Contract Sum. § 7.1.3 If the Owner requires that bonds be secured from other than the Bidder's usual sources, changes in cost will be adjusted as provided in the Contract Documents. § 7.2 TIME OF DELIVERY AND FORM OF BONDS § 7.2.1 The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution of the Contract. If the Work is to be commenced prior thereto in response to a letter of intent, the Bidder shall, prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Section 7.2.1. § 7.2.2 Unless otherwise provided, the bonds shall be written on AIA Document A312, Performance Bond and Payment Bond. Both bonds shall be written in the amount of the Contract Sum. § 7.2.3 The bonds shall be dated on or after the date of the Contract. § 7.2.4 The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney. ARTICLE 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR Unless otherwise required in the Bidding Documents, the Agreement for the Work will be written on AIA Document A101, Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is a Stipulated Sum.

Multi-Institutional Academic Health Science & Research Ctr SUPPLEMENTARY INSTRUCTIONS October 3, 2016 Evansville, IN TO BIDDERS & SPECIAL CONDITIONS Page 1

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SUPPLEMENTARY INSTRUCTIONS TO BIDDERS & SPECIAL CONDITIONS Bid Form

• Each bid must be submitted on the proper forms: (2) copies. The Contract Documents contain an Itemized Proposal Form, which must be fully completed, signed and sealed.

• 5% Bid Bonds are required with bid submission. • Bids must identify add alternate cost associated providing with 100% Payment and Performance

Bonds • A bid may not be withdrawn for a period of ninety (90) days following the time and date

designated for the receipt of bids. • A Schedule of Values will be required of the selected Bidder prior to the award of the contract. • The Owner reserves the right to reject any and all bids and to waive any informalities in the

bidding. • Bidder must provide bids on individual packages in order to submit combination bid.

Insurance/Bonds

• The Bidder shall furnish proof of insurance in compliance with Bid Document Requirements.

• Each policy shall list the following as additional insureds: Evansville Health Realty, Inc, Industrial Contractors Skanska Inc., its direct and indirect parent(s), related entities and their members, partners, subsidiaries and affiliates of all tiers as their interests may appear; the following Architects for the Project: PCI Skanska, SLAM, VPS; all persons who shall grant easements in connection with the construction or use of the property; and any mortgages of the property. Further, each policy shall be written on a primary, not contributing with or excess over any other available insurance.

• Bid Bond must be provided for a value of 5% of the Bid Amount

• Costs for 100% Payment and Performance Bonds should be identified as an add alternate cost. Bid Requirements

• All bidders must complete the qualification question form and submit with their bid. • All bidders must complete the DBE Exhibit T-1 Form and submit with their bid. • All work shall meet requirements of the drawings, specifications and other Contract Documents

prepared by Design Team, AIA standards and Construction Manager Documents. • All bids must consider requirements of project schedule. • No exceptions to the safety procedures and guidelines will be allowed. • Refer to ICS site staging plan for consideration of temporary facilities. • All bids must consider requirements for shop drawings. Non-conformance to shop drawing

requirements will be grounds for termination of contract. • LEED Requirements • Commissioning Requirements • Include minimum two (2) year warranty; longer as specifications require



Temporary Facilities & Controls

• Unless noted otherwise in specific bid packages, please provide your bid in accordance with the requirements of the following temporary facility responsibility matrix.

Description Responsibility Layout & Control Each Bid Package Building Permits & Utility Fees Each Bid Package Sewers & Drainage Site Development Contractor Water Service & Distribution Site Development Contractor Temporary Utilities Usage Fees By Owner Sanitary Facilities, Wash Facilities and Drinking Water Facilities Each Subcontractor Temporary Toilets Skanska - CM Heating & Cooling Facilities Mechanical Contractor Ventilation & Temporary Heat Mechanical Contractor Electric Power Service Electrical Contractor Temporary Lighting (Including maintenance) Electrical Contractor Telephone Service Each Subcontractor Temporary Roads & Paving Skanska - CM Project Identification & Temp. Signs Skanska - CM Clean-up to Central Waste Disposal Facility Each Subcontractor Waste Disposal Facility Skanska - CM Field Offices (Subcontractor to Provide Own Utility Hook-up) Each Subcontractor Storage & Fabrication Sheds Each Subcontractor Hoisting Each Subcontractor Temporary Elev. Usage TBD Temporary Stairs Skanska - CM Environmental Protection Each Subcontractor Storm Water Control Each Subcontractor Pest Control Each Subcontractor Site Enclosure Fence Skanska - CM Security Enclosure & Lock-up Skanska - CM Barricades, Warning Signs & Lights Each Subcontractor Temporary Enclosures Skanska - CM Temporary Partitions Skanska - CM Temporary Fire Protection Skanska – Fire Extinguishers

Only



General Requirements

• Temporary Power & Lighting Electrical Contractor is required to install temporary electrical service as described below including installation and removal of temporary lighting per OSHA Standards.

• Fall Protection The Steel Erector will install fall protection barrier cables at all perimeter slab edges, interior openings and stairwells. Drywall/EIFS and Curtainwall Contractor should include the cost to remove and/or maintain this fall protection as required to complete their scope of work. Also successful bidders for this package should include the cost to install new fall protection meeting OSHA requirements for openings created by their scope of work.

• Firesafing/Firestopping, – Bidders for the following bid packages will be responsible to furnish

and install all firesafing and firestopping in accordance with UL guidelines.

Bid Packages Location Masonry Concrete floor/wall or block wall Drywall/Ext Sheathing Slab edge/concrete floor/walls/fire rated walls Glazing Slab edge/curtainwall Sprinkler All penetrations through rated floors and walls Plumbing/Piping All penetrations through rated floors and walls HVAC All penetrations through rated floors and walls Electrical All penetrations through rated floors and walls

• Spray Fireproofing Patching – Each bidder is to include the cost to patch fireproofing as required

due to the installation of the bid packages’ scope of work.

• Joint Sealants – The following bid packages will be responsible for the joint sealants as required due to the installation of the bid packages’ scope of work; All fire rated caulking and assemblies are to be completed using products as manufactured by Hilti.

o Concrete site work o Concrete slabs o Masonry o Interior Architectural Woodwork – General Package o Curtainwall o Steel Doors and Frames – Drywall Package o Drywall o Plumbing/Piping o HVAC o Electrical

All other caulking will be the responsibility of the caulking package.

• Access Doors & Frames – Each bidder is to include the cost to furnish & install access doors and frames as required due to installation of the bid packages’ scope of work.

• Testing – The CM will employ and pay for general product testing on the project. All

subcontractors are required to include all specific testing and performance testing.



1 GOVERNING DOCUMENTS

1.1 Where additional Construction Documents or Bid Documents conflict with the Special Conditions, then the most stringent will govern.

2. SCOPE OF THE WORK - GENERAL

2.1 The Subcontractor shall include in its bid all work as defined in the Bid Package Description for the Package for which it is submitting a bid and any work incidental thereto.

2.2 The Contract Documents are intended to represent a complete and fully-operational

facility. All support systems and/or components reasonably required and necessary for a complete and operational facility shall be included.

3. PERMITS AND FEES

3.1 Subcontractor shall pay for and obtain all necessary permits and pay all fees associated with the applicable Bid Package. All fines resulting from non-compliance will be the responsibility of the Subcontractor. Skanska and/or the Project Owner will pay for the general Building Permit.

4. TEMPORARY MEASURES

4.1 Subcontractor shall provide office trailers, storage trailers, etc. as required for their work. Submit to Skanska for approval prior to placing these items on site. Utilities and utility hookups for these facilities shall be the responsibility of the Subcontractor. Subcontractor shall comply and obtain all necessary permits and fees as required by the governing agencies associated with these temporary facilities. Subcontractor office trailers shall have skirting to match trailer color. All office or storage trailers must be visually acceptable and approved by Skanska prior to placing.

4.2 Subcontractor shall provide their own temporary water supply as required prior to the

completion of the initial building temporary service and distribution installation for the project. The site utility contractor will provide and install the temporary water meter, if required, and extend the water service to the building. The plumbing subcontractor will extend the site water into the building for temporary distribution and will provide one valved connection for each level of the building. Piping material used must be approved by Skanska before installation. Subcontractors shall be responsible for supplying their own extensions from the temporary water supply. All temporary work shall be maintained, protected and removed by the installing Subcontractor as directed by Skanska.

4.3 Subcontractor shall provide its own drinking water, ice, and cups.

4.4 Temporary toilets shall be provided by each individual Bid Package for its own use until temporary construction toilets are provided by the construction manager.



4.5 Subcontractor shall provide their own temporary electrical power and lighting as required until the Electrical Subcontractor completes the initial temporary service and wiring installation for the project. Once initial service installation is completed, temporary power, wiring, lighting and distribution will be provided in accordance with current OSHA requirements. Any requirements in excess of these shall be at the expense of the Subcontractor requiring same. Subcontractor shall bear the cost of hook-up of its tools and equipment to the power distribution system. Any electrical service in excess of single phase, 120V power shall be the responsibility of the Subcontractor. All temporary work shall be removed by the installing Subcontractor as directed by Skanska.

4.6 Subcontractor shall provide all protection, safety barricades, devices, covers, etc. as

required for the safe conduct of their work and in accordance with the latest OSHA and Skanska requirements. Existing safety measures disturbed by the subcontractor shall be restored or replaced in full compliance with OSHA standards.

4.7 Subcontractor shall provide all protection against the elements for the proper execution

of its work. Include proper protection of all components that will become a permanent part of the project.

5. ENGINEERING AND LAYOUT

5.1 Subcontractor shall include all necessary professional engineering including design, certification, and sealing/stamping of design as required by the Bidding Documents.

5.2 Subcontractor shall include in its Bid all layout and engineering as required for its work.

Property line boundaries and two reference coordinates and a datum bench will be provided for use by all requiring such.

6. DESIGNATED AREAS

6.1 The use of tobacco products of any kind will not be allowed within the confines of the Project. Subcontractor shall police its own employees to ensure compliance with this policy.

6.2 Eating will be allowed only in areas so designated by Skanska. Designated break areas

must be cleaned daily by all Subcontractors.

6.3 General Employee Parking will not be available on site. Requirements for parking shall be the responsibility of the Subcontractor.

6.4 No open fires for handwarming, trash disposal, or any other purpose will be permitted. 7. MATERIAL DELIVERIES AND STORAGE

7.1 Subcontractor shall be responsible for proper receiving, unloading, storing, and protection of items to be furnished and/or installed under its Bid Package. All deliveries and storage shall be coordinated with and approved by Skanska. Materials shall be kept in an orderly and confined area as designated by Skanska within the construction limits. All material stored on site shall be kept on elevated supports and covered to provide



protection from dust, water, mud, snow, and other debris. All materials and/or equipment deemed to be dirty by Skanska will be cleaned by this Subcontractor, to the satisfaction of Skanska prior to its placement inside the building.

7.2 Subcontractor shall be required to provide its own traffic control and signage as required

for delivery of materials, supplies, and equipment. The subcontractor will provide a flag person during its delivery process.

7.3 Storage of materials on site will be limited and must be coordinated with Skanska.

Subcontractor shall plan the performance of the work utilizing "Just in time" deliveries from their own off-site storage areas. The Subcontractor is responsible for rent, insurance, bonds, delivery, security, and any losses related to off-site storage areas.

7.4 Queuing of delivery trucks within the jobsite boundary or on public roadways will not be

permitted. 8. CUTTING AND PATCHING OF WORK

8.1 Subcontractor shall be responsible for the cutting and patching of all penetrations and openings through walls, partitions, floors, ceilings, and roofs necessary for the installation of its Work. All cutting shall be carefully done to minimize repair. Sealing of openings in non-fire-resistive installations shall be the responsibility of the Subcontractor cutting the opening. Sealing of openings in fire-resistive installations shall be the responsibility of the Subcontractor cutting the opening.]

8.2 If the location for a penetration or opening is through a structural member, the

Subcontractor shall notify Skanska before proceeding.

8.3 Temporary removal and replacement of all ceilings not scheduled to be replaced shall be the responsibility of the Subcontractor requiring access. Damaged materials shall be replaced at the expense of this Subcontractor.

8.4 All patching and replacement of existing materials shall be done in a neat and

workmanlike manner to match adjacent surfaces. 9. SCHEDULES

9.1 Skanska will prepare and maintain an overall Project Construction Schedule. The Project Construction Schedule is included.

9.2 Time is of the essence in the performance of the project. The successful Bidder shall

complete its work within the specified time for completion. The Subcontractor shall include in its bid sufficient monies to complete its work within the time specified. This may include, but is not limited to: furnishing additional manpower and supervision, expediting materials, working overtime and/or shift work and any other method necessary to complete the project within the scheduled construction time. This shall be accomplished according to the Skanska directed work sequence, which may be modified from time to time by Skanska as the progress of the work dictates. This shall be accomplished at no increased cost to Skanska and/or the Owner.



9.3 The successful Bidder shall prepare and submit for approval the following schedules within 30 days of issuance of Subcontract:

a. CPM Schedule - the successful Bidder's schedule shall agree with the dates set

forth in Skanska's schedule. The durations and specific sequencing of the successful Bidder's work activities within the initial CPM schedule prepared by the successful Bidder may differ with Skanska’s schedule only to the extent that a greater level of detail is provided that substantiates there shall be no adverse impacts upon the scheduled work of other Subcontractors and the established milestone dates of Skanska's CPM schedule. Subcontractor shall provide milestone dates for the delivery of all equipment to be furnished by the Subcontractor, Owner or others, deemed necessary to support the timely completion of the scheduled work of the Subcontractor. Subcontractor's Project Manager shall regularly participate in the updating and maintenance of Skanska's master detailed schedule.

b. Schedule of Values - to be used for progress payments and based upon the value

of work in place plus materials stored. At a minimum, the Schedule of Values must correspond with the Subcontractor's approved CPM Schedule. The Schedule of Values will not be approved until the Subcontractor's CPM Schedule has been approved.

The successful Bidder shall maintain the above schedules for the duration of the project as directed by Skanska.

10. OWNER FURNISHED EQUIPMENT AND MATERIALS

10.1 The Owner reserves the right to procure, under its name and on its forms, equipment and materials. Such equipment and material will be provided to the Subcontractor for installation in a timely manner to support construction.

11. COORDINATION AND COOPERATION

11.1 Subcontractor shall coordinate and cooperate with other Subcontractors as necessary to eliminate conflicts with previously installed work and to ensure continuous flow of the work without unnecessary delays, stoppages and damage to work in place by this Subcontractor and others working in the area. This shall include the placement and/or storage of materials and equipment so as not to interfere with other Subcontractors at any time.

11.2 In the event of a dispute arising between Subcontractors over the coordination of the

work, Skanska’s ruling will be final and binding on all of the Subcontractors involved.

11.3 Subcontractor shall assist the testing laboratory in obtaining samples and gathering data as needed relative to its work.

12. COORDINATION DRAWINGS

12.1 Coordination drawings showing all horizontal and vertical dimensions of the work shall be prepared by plumbing, HVAC/Piping, electrical and fire protection subcontractors’ as



well as others as required or designated by Skanska. The HVAC & Mechanical Piping subcontractor shall have primary responsibility for organizing the coordinated drawing effort. This coordination includes above and below ground work of HVAC, plumbing, fire protection and electrical work within five (5) feet of the building line.

12.2 The order of precedence for location above the ceilings is to be as follows:

recessed electric light fixtures, plumbing waste and roof drainage, ductwork and above ceiling mounted equipment, pneumatic tube, electric cable tray, HVAC piping, plumbing piping (domestic water, vent and medical gases), fire protection, suspended ceilings and electrical conduit.

12.3 All plans (minimum 1/4" scale) and sections (minimum 1/2" scale) shall show building

room layouts, structural elements, sprayed fireproofing, pipe with insulation and/or conduit over 1 1/2", racks of more than three (3) pipes or conduit and all ductwork including insulation thickness, regardless of size.

12.4 Coordination meetings will be required and scheduled by Skanska. The initial meeting

will be held prior to the production of any coordination drawings to resolve major interferences. Electronic copies of selected CAD (Computer Aided Design) drawing files with architectural backgrounds will be given to the HVAC/Piping subcontractor at this meeting for the preparation of ductwork layout within thirty (30) days. Each Subcontractor will be responsible for any cost to convert electronic CAD files furnished by Skanska. Upon completion of the initial ductwork coordination drawings, electronic versions will be issued to all other responsible Subcontractors for completion within thirty (30) days. After each Subcontractor has fulfilled its obligation it shall return the drawings and electronic files to the HVAC/Piping subcontractor. Coordination drawings will then be submitted to the architect/engineer for review.

12.5 If any Subcontractor fails to produce all of its’ initial coordination drawings within the

time allocated, Skanska will produce said drawings, and all costs of producing said drawings will be at the expense of the Subcontractor.

12.6 Each Subcontractor designated to contribute information pertinent to the development

of the coordination drawings shall attend and participate in the coordination meetings as directed by Skanska.

12.7 Each Subcontractor having input into the production of coordination drawings will be

required to sign off on acceptance of the final coordination drawings prior to the commencement of its or other participants work in any given area. All costs attributable to failure of a Subcontractor to provide its timely approval of the coordination drawings or failure to cooperate in the production or assembly of input for said drawings shall be borne by such Subcontractor.

12.8 Skanska will determine the method to be used to resolve interference problems not

identified prior to execution of the work. The cost of rework and relocations directed by Skanska will be the responsibility of the Subcontractor having installed affected items.

12.9 Each Subcontractor shall review the coordination drawings as directed by Skanska and

shall provide input for updates as may be required. 13. JOB STAFF



13.1 Subcontractor shall provide, at a minimum, a full-time, on-site supervisor acceptable to

Skanska. This supervisor shall be responsible for the coordination of this Subcontractor's work with other trades and Skanska for the duration of this work.

13.2 Subcontractor shall require the jobsite supervisor assigned to the project to attend all

daily and weekly Subcontractor Coordination meetings for the purpose of coordinating the day-to-day activities of the work.

13.3 Subcontractors that plan to have thirty (30) or more workers (including tier

subcontractors) will provide a full-time onsite EHS professional upon mobilization of the first employee. Subcontractor shall also provide an EHS professional if Skanska determines Subcontractor’s safety efforts need improvement. Subcontractor shall provide an additional EHS representative for each additional 30 workers.

13.4 Subcontractor shall assign a project manager who must attend all meetings scheduled by

Skanska for the purpose of reviewing and updating the CPM schedule, pay requests, change order requests, etc.

13.5 Subcontractor's on-site employees will be required to comply with the requirements of

Skanska's Safety and Health Management Program. 13.6 Subcontractor’s employees will be required to comply with the requirements of

Skanska’s daily “Stretch and Flex” program. 14. EQUIPMENT

14.1 Subcontractor shall be responsible for the cost of mobilization and demobilization for all equipment necessary to complete its work.

14.2 Subcontractor shall include the necessary equipment for lifting, hoisting, scaffolding,

staging, rigging and materials transport as required within the work of their respective Bid Package. All hoisting shall be executed in accordance with all applicable codes and regulations.

14.3 No radios, other than communication-type radios, will be permitted on the jobsite. 15. CLEANING AND PROTECTION

15.1 Subcontractor shall provide continuous/progressive cleanup necessitated by its operations including daily sweeping of all work areas. Subcontractor shall provide adequate labor, brooms, shovels, mobile trash containers, carts, buggies and other cleaning equipment to support the quantity of trash and waste generated by this scope of work. All trash and debris shall be deposited in the designated dumpsters on a daily basis. All costs incurred by Skanska to clean up as a result of this Subcontractor's failure to clean up will be charged to the Subcontractor.

15.2 Dumpsters shall be provided by Skanska for use by all Bid Packages except as noted

otherwise.



15.3 When off-site disposal of debris and/or materials is required by a Bid Package, it shall be done by the Subcontractor in full compliance with all applicable laws and regulations. Subcontractor shall bear all costs thereof.

15.4 Subcontractor generating debris/waste classified as hazardous shall be responsible for

the separation of such materials from normal construction debris and the removal/disposal of such materials in full compliance with all applicable laws and regulations.

15.5 Subcontractor shall remove grease, dust, dirt, stains, labels, fingerprints, and other

foreign materials from interior and exterior surfaces of fixtures, hardware, finished surfaces and equipment furnished or installed as a part of its Subcontract.

15.6 Subcontractor shall take appropriate precautions to prevent damage to any existing work

and the work of any other Subcontractor as may be caused by its actions. Damage which may be caused to another Subcontractor's work or existing construction shall be repaired at the damaging Subcontractor's own expense and as directed by Skanska. Claims which may arise as a result of those actions will be handled as set forth in the General Conditions. If Skanska is unable to determine, to its own reasonable satisfaction, the party responsible for damage to the work then the installing contractor shall repair the damaged work at its own cost.

15.7 Subcontractor shall provide and maintain protection for the work installed under its

Subcontract as directed by Skanska.

15.8 Subcontractor shall be responsible for the final cleaning of its work in a manner that is acceptable by Skanska.

15.9 Subcontractor shall be responsible for the necessary cleaning and repairing of adjacent

streets and sidewalks from its operations. 16. EXISTING CONDITIONS

16.1 Subcontractor shall check the accuracy of the building structure and/or surface to receive its work and notify Skanska of any deficiencies prior to beginning its work. Subcontractors shall not proceed with work until unsatisfactory conditions have been corrected and shall not apply work over other Subcontractor's incomplete or defective work. Commencement of installation constitutes acceptance of structure and/or base surfaces and the cost of any corrective work due to faulty base surfaces shall be borne by the installer applying its materials thereon.

17. EXISTING FACILITIES AND SERVICES

17.1 Subcontractor shall provide and maintain shoring, bracing, underpinning and any other necessary means to protect the existing facilities from collapse or other types of damage until such time as they are to be removed, incorporated into the new work, or can be properly backfilled.

17.2 All Subcontractors shall verify locations of all existing utilities, structures, structural

elements, and building services prior to commencing work.



17.3 Any damage to existing facilities during construction shall be repaired at the damaging Subcontractor's expense.

17.4 Work is required to be performed within or in close proximity to existing buildings and

structures. Subcontractor shall provide the means of access to the areas in which its work occurs. Subcontractor shall adequately protect all existing buildings and real or personal property from damage due to its activities. The Subcontractor shall allow suitable access to existing buildings during construction. No fire exits or means of egress shall be blocked at any time.

17.5 All work relating to the disruption of existing services shall be performed in accordance

with the schedule and be limited to the maximum time specified by Skanska. 18. PADS, CURBS, AND BASES

18.1 All concrete pads, curbs, bases, and miscellaneous concrete required for equipment but not specifically shown on the documents shall be the responsibility of the Subcontractor installing the equipment.

19. ACCESS PANELS/DOORS

19.1 Subcontractor shall be responsible for furnishing the necessary access panels for items of work installed under its Subcontract, including those required by code, regardless of whether or not they are required by the contract documents. If not specified, access panels must be approved by the Architect prior to installation.

19.2 Installation of all access panels shall be the responsibility of the Subcontractor erecting

the wall or ceiling system. 20. SUBMITTALS

20.1 Subcontractor shall provide its submittal schedule and material expediting schedule within 10 days of issuance of the Subcontract.

20.2 Subcontractor shall provide Skanska with a courier account number (Federal Express,

UPS, etc.) for use in shipping. Subcontractor shall bear the cost of all shipping and deliveries to and from Skanska, the Architect, and such Subcontractor.

20.3 Subcontractor shall be prepared to construct a mockup of its work as directed by

Skanska. Mockups shall be constructed of such a size as to represent the quality of materials and workmanship to be provided; demonstrate the appearance of contemplated or specified colors, finishes, textures, etc.; and/or indicate the functional relationships between products, equipment and/or construction installed by various Subcontractors. When practical, mockups shall be placed so as to allow their incorporation into the work.

21. QUALITY CONTROL

21.1 Subcontractor shall provide within 30 days of issuance of the Subcontract an on-site comprehensive quality control program and include name of competent person who will implement the program. This effort will be coordinated with Skanska's on-site



management. Skanska will develop a project specific quality control plan that will identify various levels of responsibility and management for implementation of this Subcontractor. This Subcontractor in response will develop its own quality control plan illustrating conformance to and providing compliance with overall requirements of Skanska's project specific plan. This program shall be subject to Skanska approval but shall include, as a minimum, the following items:

a) A series of daily inspections including preparatory, initial, follow-up, and final inspections at intervals to allow for detailed monitoring of the work. b) A method to minimize nonconforming work. c) A method to track and resolve nonconforming work. d) An ongoing detailed review comparing fabrication details with contract details to ensure compatibility and compliance.

21.2 As a minimum, this Subcontractor involved with the installation of systems within this

Subcontract shall be present at the following time frames or as directed by Skanska: a) Pre-installation meeting.

b) Periodic Skanska inspections during installation with a minimum of two (2) visits. c) Skanska’s System Check. d) All required local and/or state interim and final inspections.

21.3 Subcontractor shall provide all Special Warranties, bonds, and cost of inspections and observation by manufacturers' representatives, inspectors, agencies as required. Subcontractor shall submit with his initial submittal, for approval, the sample forms on which warranties are to be provided.

21.4 The Subcontractor shall cooperate with and assist Project’s Testing Agent in obtaining

samples and gathering data as needed. 22. CHANGES IN THE WORK

22.1 Where unit prices are required by the bid forms, they shall include all costs of said work, including overhead and profit.

23. CORRECTIVE MEASURES

23.1 Skanska reserves the right to take whatever action it deems necessary to correct or complete the work of any Subcontractor failing to perform its work in accordance with the Project Construction Schedule or any other Project Documents or failing to coordinate its work with the work of other subcontractors. All costs incurred by Skanska in enforcing this provision will be for the account of the offending Subcontractor.

23.2 Time is of the essence and each Subcontractor is required to complete its work within

the time allocated in the Project Construction Schedule as issued herein and as revised and updated through the progress of the work by Skanska. Subcontractors failing to comply with this requirement or otherwise delaying the progress shall be liable for all costs incurred as a result of the delay including, but not limited to, all of the costs incurred by Skanska in accelerating the work of subsequent trades to recover lost time.

24. WORKING HOURS



24.1 Normal working hours will be from 7:00 a.m. until 3:30 p.m., Monday through Friday, or

as otherwise directed by Skanska. Saturdays may be used as make up days as approved by Skanska. Extended hours must be scheduled through Skanska's Project Superintendent.

25. REGULATORY REQUIREMENTS

25.1 Subcontractor shall comply with all Federal, State, and Local codes and regulations pertaining to the execution of its work. Subcontractor shall also acquire all required Federal, State and Local permitting and/or licensing required to perform work in Vanderburgh County, Indiana and the City of Evansville, Indiana.

25.2 Subcontractor is responsible for all coordination and scheduling/calling in of all

inspections. Skanska must be notified of all scheduled inspections at least 24 hours in advance. This Subcontractor also shall submit to Skanska all inspection reports from local, state, and federal inspection agencies. This Subcontractor shall be responsible for all costs for re-inspection due to deficiencies of this scope of work.

25.3 Subcontractor shall attend all local and/or state inspections applicable to this scope of

work. This Subcontractor shall provide the required Supervision and personnel to facilitate these inspections and fully demonstrate the operation of systems installed.

Multi-Institutional Academic Health Science & Research Ctr BID October 3, 2016 Evansville, IN FORM Page 1

Bidders Initials __________

BIDS ARE REQUESTED FOR Multi-Institutional Academic Health Science & Research Center Evansville, IN

SEALED BIDS SHALL BE SUBMITTED TO

Mr. Jim Cross - Evansville Health Realty, LLC c/o Skanska

413 Walnut Street Evansville, IN 47708

BIDS SHALL BE SUBMITTED ON OR BEFORE 1:00 PM CDT, (TBD – As Indicated on the PDP Website) BID SUBMITTED BY (Bidder’s name and

address of record)

ACKNOWLEDGMENTS By submitting this bid, the Bidder acknowledges that: • The Owner has a right to waive irregularities and to reject this bid. • The Bidder agrees, if the bid is accepted, to enter into an Agreement with the Construction Manager and to use the

agreement form included in the Supplemental Information, upon mutual acceptance of any proposed alterations and addendums.

• The Bidder’s signature acknowledges receipt of the bidding documents. • The Bidder has examined and is familiar with local conditions, laws and regulations. • The Bidder has examined the site and all documents and is familiar with both • The Bidder accepts the determinations in the supplementary conditions regarding information upon which the

Bidder can rely, as well as Bidder’s responsibility to obtain additional data. • The undersigned, in compliance with the "Invitation for Bid" proposes to perform the Work in accordance with

Contract Documents prepared by the Construction Manager. • The undersigned, having examined the Contract Documents and related documents and the Site of the proposed

Work and being familiar with all the conditions affecting the construction of the proposed Work, including the availability of materials and supplies, agrees to furnish all labor and materials, equipment and services necessary for the proper completion of the Work, at the prices stated below, which stated sums include fees and all other charges applicable to materials, appliances, labor and all things subject to and upon which other charges be levied.



BID DURATION The Bidder agrees to hold the bid open for a period of 90 days after the date of the bid opening. ADDENDA IDENTIFICATION The Bidder hereby acknowledges receipt of an inclusion in the Bid of the following issues of addenda, if any, distributed by the Construction Manager.

ADDENDUM NO. AND DATE No.

Date _________

No.____

Date_________

No.____

Date_________

No.

Date _________

No.____

Date_________

No.____

Date_________

No. ______

Date_________

No.____

Date_________

No.____

Date_________

GENERAL REQUIREMENTS / LEED / COMMISSIONING STATEMENT The Bidder hereby acknowledges full understanding of all documents including but not limited to Volume 1A General Requirements, All General Requirements in Volume 1 of 2, all LEED requirements, and all commissioning requirements and inclusion in the Bid any required documentation, services or monies required within these sections. BID AMOUNTS The Contractor shall pay consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. BID PRICES 1. BASE BID: Multi-Institutional Academic Health Science and Research Center The Base Bid shall consist of the summation of the Schedule of Values portion of the Bid Tabulation Sheet. BID PACKAGE – INDICATE BELOW BID PACKAGE REPRESENTED BY THIS BID BASE BID ______ Dollars ($ )



2. ALTERNATE PRICES Alt. #1 – ADD for Payment and Performance Bonds ____ ADD Dollars ($ ) Alt. #2 – TBD ____ Dollars ($ ) Alt. #3 – TBD ____ Dollars ($ ) Alt. #4 – TBD ____ Dollars ($ ) COMPLETION DATE The work will be substantially complete as per the bid schedule. Estimate Summary Each bidder is required to provide the following information. Additional detail is requested within the specific bid package scopes. Failure to submit this information is grounds for disqualification. Breakout Building Portion ............................................. $ Sitework Portion ............................................ $ Bid Breakdown Labor .............................................................. $ Material .......................................................... $ Equipment ...................................................... $ Subcontractors ................................................ $ Sales Tax (Consumables Only) ...................... $ Payment & Performance Bonds ..................... $ Total ............................................................... $ Total Manhours .............................................. Peak Manpower ............................................. Overtime/Shift Premium Included .................$ Cleanup included ...........................................$



ATTACHMENT SUPPLEMENTS The bidder includes with the Bid submission the following attachments: INITIALS _______ - 5% Bid Bond INITIALS _______ - Completed Qualification Form INITIALS _______ - Scope Specific Bid Package Requested Information and Breakout INITIALS _______ - Sample of Insurance Coverage INITIALS _______ - Copy of Licensing with Vanderburgh County / City of Evansville INITIALS _______ - Resumes of Key Project Staff (minimum project manager, superintendent and safety manager) INITIALS _______ - Copy of MBE/WBE certifications if applicable INITIALS _______ - Completed MBE/WBE Exhibit T-1 Form if applicable INITIALS _______ - List of subcontractors and material suppliers In addition to the above listed supplements to be included as attachments to the Bid, in submitting a Bid, the Bidder also certifies that they agreed to and include the following in their proposal: INITIALS - Signing of Skanska’s Standard Form Subcontract Agreement without exception INITIALS - Compliance with Skanska’s Safety Requirements (inc. but not limited to Construction Work Plans, Daily Hazard Analysis, Stretch & Flex, Full-time safety representation based upon workforce, etc.) INITIALS - Compliance with Code of Conduct INITIALS - Compliance with Invitation and Instructions to Bidders INITIALS - Compliance with Supplementary Instructions to Bidders and Special Conditions of the Bid Documents INITIALS - Appropriate project staffing, Subcontractors that plan to have thirty (30) or more workers

(including tier subcontractors) will provide a full-time onsite EHS professional upon mobilization of the first employee.

INITIALS - Compliance with LEED Requirements for the Project Vendor & Subcontractor Information Vendor / Subcontractor Furnish / Install Manufacturer



BID CLOSING This Bid is submitted this day of , 2016

Seal

By

(Name of Firm)

(Name and Title of Person Authorized to Sign)

____________________________________________________________________________

(Business Address)

(City, State, Zip) Phone No. Fax No. Please check as appropriate: _____ A partnership between: _____ An individual _ A corporation organized under the laws of the State of Indiana

Multi-Institutional Academic Health Science & Research Ctr DRAWING INDEX October 3, 2016 Evansville, IN Page 1

See attached list of Bid Documents and Reference Drawings POSTED ON PROJECT DOCUMENT PORTAL (PDP) WEBSITE

LEED-NC v3.0 Preliminary Project Checklist10.28.14

Preliminary Review Only - Subject to ChangeYes ? No

17 5 4 Sustainable Sites 26 Points NotesY Prereq 1 Construction Activity Pollution Prevention Required1 Credit 1 Site Selection 15 Credit 2 Development Density & Community Connectivity 5

1 Credit 3 Brownfield Redevelopment 16 Credit 4.1 Alternative Transportation, Public Transportation Access 6

1 Credit 4.2 Alternative Transportation, Bicycle Storage & Changing Rooms 1 X3 Credit 4.3 Alternative Transportation, Low-Emitting and Fuel-Efficient Vehicles 3

2 Credit 4.4 Alternative Transportation, Parking Capacity 21 Credit 5.1 Site Development, Protect of Restore Habitat 1 X

1 Credit 5.2 Site Development, Maximize Open Space 11 Credit 6.1 Stormwater Design, Quantity Control 1

1 Credit 6.2 Stormwater Design, Quality Control 11 Credit 7.1 Heat Island Effect, Non-Roof 1 X

1 Credit 7.2 Heat Island Effect, Roof 11 Credit 8 Light Pollution Reduction 1 X

6 4 Water Efficiency 10 Points NotesY Prereq 1 Water Use Reduction, 20% Reduction Required2 2 Credit 1 Water Efficient Landscaping 2 to 4

2 Credit 2 Innovative Wastewater Technologies 24 Credit 3 Water Use Reduction 2 to 4

12 12 11 Energy & Atmosphere 35 Points NotesY Prereq 1 Fundamental Commissioning of the Building Energy Systems RequiredY Prereq 2 Minimum Energy Performance RequiredY Prereq 3 Fundamental Refrigerant Management Required8 7 4 Credit 1 Optimize Energy Performance 1 to 19

7 Credit 2 On-Site Renewable Energy 1 to 7 X2 Credit 3 Enhanced Commissioning 22 Credit 4 Enhanced Refrigerant Management 2

3 Credit 5 Measurement & Verification 32 Credit 6 Green Power 2

5 2 7 Materials & Resources 14 Points NotesY Prereq 1 Storage & Collection of Recyclables Required

3 Credit 1.1 Building Reuse, Maintain Existing Walls, Floors & Roof 1 to 3 X1 Credit 1.2 Building Reuse, Maintain 50% of Interior Non-Structural Elements 1 X

2 Credit 2 Construction Waste Management 1 to 22 Credit 3 Materials Reuse 1 to 2 X

1 1 Credit 4 Recycled Content 1 to 21 1 Credit 5 Regional Materials 1 to 2

1 Credit 6 Rapidly Renewable Materials 1 X1 Credit 7 Certified Wood 1

9 4 2 Indoor Environmental Quality 15 Points NotesY Prereq 1 Minimum IAQ Performance RequiredY Prereq 2 Environmental Tobacco Smoke (ETS) Control Required1 Credit 1 Outdoor Air Delivery Monitoring 1

1 Credit 2 Increased Ventilation 1 X1 Credit 3.1 Construction IAQ Management Plan, During Construction 1

1 Credit 3.2 Construction IAQ Management Plan, Before Occupancy 11 Credit 4.1 Low-Emitting Materials, Adhesives & Sealants 11 Credit 4.2 Low-Emitting Materials, Paints & Coatings 11 Credit 4.3 Low-Emitting Materials, Flooring Systems 11 Credit 4.4 Low-Emitting Materials, Composite Wood & Agrifiber Products 11 Credit 5 Indoor Chemical & Pollutant Source Contro 1

1 Credit 6.1 Controllability of Systems, Lighting 11 Credit 6.2 Controllability of Systems, Thermal Comfort 1 X

1 Credit 7.1 Thermal Comfort, Design 11 Credit 7.2 Thermal Comfort, Verification 1

1 Credit 8.1 Daylight & Views, Daylight 75% of Spaces 11 Credit 8.2 Daylight & Views, Views for 90% of Spaces 1

3 3 Innovation & Design Process 6 Points Notes1 Credit 1.1 Innovation in Design: Innovation: Green Cleaning 11 Credit 1.2 Innovation in Design: Innovation: Low-Mercury Lighting 1

1 Credit 1.3 Innovation in Design: Exemplary Performance: MRc2 Construction Waste Management - Divert 95% 11 Credit 1.4 Innovation in Design: Exemplary Performance: MRc4 Recycled Content or MRc5 Regional Materials - 30% 11 Credit 1.5 Innovation in Design: Innovation: Envelope Commissioning 1

1 Credit 2 LEED® Accredited Professional 1

3 1 2 Regional Priority 4 Points Notes1 Credit 1.1 Regional Priority: Optimize Energy Performance - 20% 1

1 Credit 1.2 Regional Priority: Building Reuse: Maintain Existing Walls, Floors & Roof 1 X1 Credit 1.3 Regional Priority: Development Density & Community Connectivity 1

1 Credit 1.4 Regional Priority: Alternative Transportation: Bicycle Storage & Changing Rooms 1 X1 Credit 1.4 Regional Priority: Stormwater Design: Quantity Control 1

1 Credit 1.4 Regional Priority: Heat Island Effect: Roof 1

55 31 26 Project Totals (pre-certification estimates) 110 PointsYes ? No Certified 40-49 points Silver 50-59 points Gold 60-79 points Platinum 80-110 points

IUSME Project Information Form 1 Project Information Form 2Evansville, IN Project Information Form 3 Project Information Form 4

Multi-Institutional Academic Health Science & Research Ctr ADDITIONAL PROJECT October 3, 2016 Evansville, IN INFORMATION Page 1

ADDITIONAL PROJECT INFORMATION 1 of 2

PART 1 – GENERAL 1.1 GEOTECHNICAL REPORT PREPARED BY CARDNO ATC DATED JULY 2, 2014 IS

INCLUDED FOR REFERENCE. – See Project PDP Website 1.2 ENVIRONMENTAL PHASE 1 SITE ASSESSMENT PREPARED BY ENVIRONMENTAL

MANAGEMENT CONSULTANTS, INC. DATED SEPTEMBER 30, 2014 see Project PDP Website

1.3 Limited Subsurface Investigation of Block 1 Prepared by Environmental Management Consultants dated September 30, 2014 - see Project PDP Website




1.7 D-Patrick Asbestos Sampling and Results Prepared by Environmental Management Consultants samples dated April 8, 2016 - see Project PDP Website

1.8 SITE STAGING PLAN – A SITE STAGING PLAN IS PROVIDED FOR PROJECT INFORMATION – In Manual

1.9 PROJECT SCHEDULE – A PROJECT SCHEDULE IS PROVIDED FOR PROJECT

INFORMATION – See Project PDP Website 1.10 EHS PROGRAM MANUAL – A EHS MANUAL IS PROVIDED FOR PROJECT INFORMATION

A. A Safety Program Manual entitled “Environmental, Health, and Safety Manual” is provided for project information. – See Project PDP Website

B. A copy of this manual dated EHS Manual Rev. 030116, containing 390 pages is provided

on the Project PDP Website.

C. All Contractors, subcontractors, material suppliers, design team personnel, visitors and guests will be required to abide by provisions contained within the manual.

1.11 CODE OF CONDUCT – In Manual

1.12 MBE/WBE EXHIBITS – Forms to collect MBE/WBE goal documentation for the project. – See

PDP Website for “workable” file; also in manual

1.13 QUALIFICATION QUESTIONARE – – See PDP Website for “workable” file

Multi-Institutional Academic Health Science & Research Ctr ADDITIONAL PROJECT October 3, 2016 Evansville, IN INFORMATION Page 2

ADDITIONAL PROJECT INFORMATION 2 of 2

1.14 TEMPORARY LIGHTING & POWER – In Manual

1.15 IAQ (INDOOR AIR QUALITY) – IAQ Management Plan – In Manual

1.16 KJWW Commissioning Plan dated September 12, 2016 1.17 AGREEMENTS

A. Agreement Between Skanska and Subcontractor – In Manual PART 2 – PRODUCTS (Not Used) PART 3 – EXECUTION (Not Used)

Multi-Institutional Academic Health Science and Research Center

Construction Staging and Traffic Pattern

Office Trailers will be located at the corner of 5th and Walnut Street inside the Staging Area.

SKANSKA Evansville HealthRealty, LLC

Multi-Institutional Academic Health Science & Research Ctr TEMPORARY LIGHTING October 3, 2016 Evansville, IN AND POWER Page 1

TEMPORARY LIGHTING AND POWER 1 of 1

Temporary Lighting and Power

Lighting and Power Provide at a minimum temporary power skids or panels containing the following:

- 100 amp thirty-two circuit panels/skids at each end of the building on each floor (minimum of 8 locations).

- Eight double duplex receptacles on dedicated GFCI protected circuits on each 100 amp panel/skid.

- Sixty amp main disconnect - 15 KVA single phase transformer 480 volt primary 120/240 volt secondary or as

required to provide power to skids/panels. Please provide a temporary power skid or panel on the first through fourth levels of the building. The 480-volt source exists and is located outside the footprint of the building. Breakers shall be provided and installed in the 480-volt panels to facilitate the power skids or panels. This Contractor will include proper maintenance and removal of this temporary installation when permanent power is completed. This is not all inclusive, additional requirements may be necessary as construction proceeds. Please provide temporary lighting, required cabling, circuit breakers and all installation hardware for the above-mentioned project. The installation must meet the illumination requirements set forth in OSHA 1926 subpart D 1926.56 (please see attached table). Also, the installation must meet all requirements of 1926 subpart K. All fixture circuits should be evenly distributed from the temporary power skids panels. Fixtures should be wired for the 240-volt application. Include, as construction progresses, relocating, adding, re-stringing and additional lighting required to maintain OSHA standards. This Contractor will include proper maintenance and removal of this temporary installation when permanent lighting is completed.

Page 1 of 7

IAQ MANAGEMENT PLAN

Multi-Institutional Academic Health

Science and Research Center

Evansville, IN 47708

Prepared by:

Skanska

401 N.W. First Street

Evansville, IN 47708

812 423 7832

www.usa.skanska.com

IAQ (Indoor Air Quality) Management Plan


Page 2 of 7

Project: Multi-Institutional Academic Health Science & Research Ctr

Project No.: 060013.001

Responsibilities

Construction Manager –Skanska

o Review bids and ensure contractors are on board with the IAQ

Management Plan

o Monitor and record compliance with IAQ plan via photographic

documentation and checklists

Sheetmetal Contractor – TBD

o Uphold requirements of the IAQ plan with regards to temporary

conditioning and HVAC unit and duct installation

o Assist commissioning agent with air quality testing and overall

commissioning

o Monitor and record compliance with the IAQ plan per their

scope of work

All parties associated with this project shall conform to this plan and

are also bound by the related sections to this plan as included in

Volumes 1a, Volume 1 of 2 and Volume 2 of 2 of the specifications.

This plan is discussed during the weekly construction progress

meetings with the subcontractors to ensure that the plan is followed

and enforced for this project.

Plan’s Intent

Prevent poor indoor air quality during and after construction caused

by pollutants generated by the construction process and provide the

owner with a complete building system that will sustain long-term

installer and occupant health and comfort.

Plan’s Requirements

Implement and enforce the IAQ Management Plan to be utilized

during construction and pre-occupancy phases of the building as

follows

o During the construction process the plan shall meet or exceed

the minimum requirements of the SMACNA IAQ Guidelines

for occupied buildings under construction

Page 3 of 7

o Protect stored on-site or installed absorptive materials from

moisture damage, mold and mildew growth

o Replace all filtration media periodically during the construction

phase. Filtration media shall have a Minimum Efficiency

Reporting Value (MERV) of 8 per ASHRAE 52.2 at each

return air inlet for the air handling unit as used during

construction.

o Replace all filtration media immediately prior to building air

flush-out. Permanent air filters shall have a MERV 13

according to ASHRAE 52.2.

HVAC Protection

Per the contract documents, scheduling, and with the consent of the

Architect/Owner/Engineer, the HVAC and hydronic systems will be

utilized for temporary conditioning and ventilation of the building

during construction to maintain the requirements of the schedule.

This plan will be managed by the Construction Manager and

maintained and monitored by the HVAC Contractor.

All systems shall be protected from contamination during the

construction phase. Since the HVAC systems will be utilized during

construction the following protection actions will be as follows to

protect all components of the system:

o Shut down the HVAC equipment when applicable and not

needed

o Isolate the HVAC air systems to prevent induction of

pollutants. Isolation will include installing filter media at all

active return air duct openings of the system while it is

operational.

o Seal all inactive duct openings to eliminate pollutant entry.

o Maintain filters on systems that must remain operational during

construction. Change filters as they become dirty and more

frequently during activities that produce more dust such as

drywall installation and sanding, etc. The filters will be

changed at the HVAC contractor’s discretion or if directed by

the Construction Manager.

o Isolate areas of heavy dirt or dust construction via dampers or

temporary blockages.

o Mechanical rooms shall be free of stored materials that may

contribute to poor indoor air quality which may include but not

limited to paints, sealants, carpets, etc.

Page 4 of 7

o At the conclusion of construction prior to occupancy the HVAC

contractor is responsible to clean HVAC units and additional

components if dirt and dust buildup is discovered. The project

Construction Manager and HVAC Contractor will determine

necessity of cleaning.

o HVAC components that are delivered or stored on site shall be

kept sealed to eliminate the buildup of construction debris.

Source Control

The construction plan and schedule of activities shall be arranged in a

manner to minimize induction of pollutants into the building and to

prevent damage to building components due to exposure to the

weather. The following actions shall be taken to reduce and eliminate

potential sources of indoor air contamination during the building

construction.

o Low emitting materials shall be used within the building

envelope. See the attached posting for clarifications of VOC

limits.

o Ventilate building prior to occupancy. The flush-out schedule

will be determined by the commissioning agent. The building

HVAC system will be utilized to perform the building

ventilation.

o Schedule on-site equipment operations to prevent induction of

pollutants into the building. Scheduled deliveries, outside

equipment, and dust control shall be monitored by the

Construction Manager and HVAC Contractor during utilization

of the HVAC systems to reduce induction of pollutants in the

building.

o If an activity contributes to poor indoor air quality, provide

sufficient space ventilation to reject contamination of the air

outside of the building. This could include, but are not limited

to: applications of sealants and adhesives, welding, painting,

cleaning, etc.

o Air cleaning – The extent of air cleaning will include

application of temporary filters in the air handling systems,

ducts, and other components while systems are in operation.

The duct components shall be protected daily from dust and

debris and shall be stored in a dry location during construction.

o Materials stored inside the building that may contribute to poor

indoor air quality shall be covered and sealed when not in use.

Page 5 of 7

This may include such materials as cleaners, adhesives,

sealants, paints, etc.

o Remove empty containers immediately and dispose of at the

outdoor waste and recycling bins.

Pathway Interruption

The construction of the project shall incorporate practices that

minimize the transfer of air pollutants within the building spaces. The

following practices shall be considered during the construction

process:

o If an activity that generates air pollutants is occurring, proper

ventilation shall be provided to eliminate pollutants from the

work area. Temporary building exhaust systems shall be

utilized to achieve better air quality. This includes but is not

limited to activities such as welding, painting, carpet

installation, etc.

o Work shall be scheduled to provide construction personnel a

safe and ventilated work environment for activities that

generate air pollutants.

Housekeeping

The construction of the project shall incorporate practices that

minimize the introduction and accumulation of dirt and pollutants to

the building interior by the continual cleaning and removal of these

items from the project site. The following practices shall be

considered:

o Suppress dust with wetting agents or sweeping compounds on a

regular basis. Daily cleanup is the responsibility of each

contractor and will be enforced by the construction manager.

o Increase cleaning frequency as directed by the Construction

Manager.

o Use efficient dust collection methods when necessary to sustain

good indoor air quality.

o Ensure all surfaces are kept clean and dry during the

construction phase.

o Remove spills that may occur during the construction phase.

o Remove all water that may accumulate during the construction

phase.

o Vacuum with HEPA filter vacuums during the final cleaning

activities.

Page 6 of 7

o Protect all porous materials from exposure to moisture. Porous

materials shall be covered and monitored. If contaminated they

shall be removed from the building.

Scheduling Work Hours

The construction of the project shall incorporate scheduling practices

that minimize the introduction of pollutants within the building spaces

and reduces work taking place in areas where pollutants are generated.

The following practices shall be considered by the construction team

during all phases of construction:

o Work shall be halted during times that will allow weather

induced moisture or outdoor air contamination to enter the

building. This work shall be rescheduled and protection of the

project materials and indoor environment maintained.

o Operation of central air systems shall occur only when the

construction activities will not generate pollutants that are

easily introduced into air distribution systems and spread

throughout the building. Temporary ventilation shall be

provided if ventilation is necessary during these periods to

allow central systems to remain off for this purpose.

o Owner occupancy and construction should not coincide on this

project

Action Items / Additional Items

See attached checklists for monitoring the indoor air quality

management plan. This checklist will be filled out on a weekly basis,

by the Construction Manager, as duct installation begins and the

weathertight building is achieved. This will continue until the project

is complete.

Photographic documentation will be utilized to assist in showing

compliance with this plan.

See attached document that shall be posted, throughout the building,

to show materials with VOC content and the maximum allowable

VOCs of these materials. Materials that exceed the posted document

shall not be used or stored within the building.

HVAC Contractor must document filter changes. Include Merv value,

manufacturer name, and model number. Refer to LEED template for

documentation.

Page 7 of 7

Commissioning Agent will assist with the indoor air flush out and

conduct air quality tests and document results prior to occupancy.

No smoking will be permitted within the building any time during

construction after the building is weathertight.

Multi-Institutional Academic Health Science and Research CenterEvansville, INICS Job 060013.001

Description HVAC Protection

Source Control

Pathway Interruption

House-keeping Scheduling

On-Site Stored

materialComments

1st Floor

2nd Floor

3rd Floor

4th Floor East ( 7 to 12 Line)

Roof Area

Prepared By:

IAQ Management Tracking Log

Notes: Pictures taken of items are noted with a * next to the status above which helps to illustrate the conditions.

IAQ Issues

General Observations:

Date & Time:

IAQ Checklist page1 of 1

(Subcontractor’s Init.) _____ (Contractor’s Init.)_____ 1

PO XXXXXX

Job XXXXXX

Subcontract Name $

Subcontract

Form A


2

(Subcontractor’s Init.) _____ (Contractor’s Init.) _____

TABLE OF CONTENTS ARTICLE PAGE

1. SCOPE OF THE WORK 3

2. OBLIGATIONS AND RIGHTS UNDER PRIME CONTRACT 4

3. PROJECT SITE 4

4. CONTRACT PRICE 5

5. SCHEDULING AND PROSECUTION OF THE WORK 7

6. CHANGES AND EXTRAS 10

7. CLAIMS 12

8. INDEMNIFICATION AND PROTECTION OF THE WORK 13

9. INSURANCE 13

10. GUARANTEE 13

11. TERMINATION 14

12. SUSPENSION 15

13. EXTENSION OF TIME 15

14. OWNER ASSESSED LIQUIDATED DAMAGES 16

15. CERTIFIED FIELD PAYROLL REPORTS 16

16. TAXES, ASSESSMENTS, PREMIUMS AND FRINGES 16

17. ASSIGNMENTS AND SUBLETTING 16

18. BONDS 16

19. PATENT INFRINGEMENT 17

20. COMPUTER WORK 17

21. BANKRUPTCY 17

22. USE AND OCCUPANCY OF THE WORK 18

23. OTHER CLAIMS; LIMITATIONS OF ACTIONS 18

24. INSPECTION OF RECORDS 19

25. CUMULATIVE RIGHTS AND REMEDIES OF CONTRACTOR 19

26. OWNER CONSENT 19

27. FORM AND MANNER OF NOTICE 19

28. NO ORAL MODIFICATION; BINDING EFFECT; NO THIRD PARTY RIGHTS 19

29. SEVERABILITY AND WAIVER 19

SIGNATURE PAGE 20

LIST OF APPENDICES AND EXHIBITS 21

APPENDIX A: SCOPE OF WORK AND CONTRACT PRICE

APPENDIX B: SAFETY

APPENDIX C: INSURANCE REQUIREMENTS

APPENDIX D: CODE OF CONDUCT

APPENDIX E: DBE PARTICIPATION GOALS

ADD’L APPENDIX (To be inserted if required)

EXHIBIT A: APPLICATION FOR PAYMENT

EXHIBIT B: PARTIAL RELEASE AND PARTIAL WAIVER OF LIEN

EXHIBIT C: FULL AND FINAL RELEASE AND WAIVER OF LIEN

EXHIBIT D: ALLOWABLE COSTS

EXHIBIT E: PAYMENT BOND

EXHIBIT F: PERFORMANCE BOND

EXHIBIT G: I-9 SUBCONTRACTOR CERTIFICATION

SCHEDULES (To be inserted if required)

(Subcontractor’s Init.) _____ (Contractor’s Init.)_____

3

SEE APPENDIX “A” ATTACHED

SUBCONTRACT

This Subcontract is made and entered into this day of , 201 , in the City of and State of , by and between

, of , hereinafter referred to as “Contractor”, and , of hereinafter referred to as “Subcontractor.”

The Contractor has entered into or is about to enter into a written contract (“Prime Contract”) with (“Owner”) to perform all labor

and to furnish all materials and equipment for the construction of the (“Project” and/or “Prime Work”). Contractor hereby engages

Subcontractor and Subcontractor hereby agrees to perform a part of the Prime Work in accordance with the terms and conditions

hereinafter set forth (“Subcontract”).

1. SCOPE OF THE WORK. Subcontractor shall faithfully, and in a good and workmanlike manner in strict accordance with this

Subcontract fully furnish, install and perform the following parts of the Prime Work:

All of the foregoing is hereinafter referred to as the “Work,” “Subcontract Work,” or “Subcontractor’s Work,” as the context may require.

1.1 EXCLUSIONS. No exclusion from the Scope of Subcontractor’s Work shall be recognized unless it is expressly and clearly set forth

in detail in Appendix “A.”

1.2 CONTRACT DOCUMENTS. The “Contract Documents” include this Subcontract, all Appendices, Riders, Progress Schedules and

Exhibits annexed hereto; the Prime Contract, including the plans, drawings and specifications, and all further documents which have been

incorporated by reference into the Prime Contract or which have been otherwise provided to Contractor by the Owner and made available

to Subcontractor, to the fullest extent that same apply to the Subcontract Work. Other applicable documents that form a part of the

Contract Documents are listed in Appendix “A”.

1.3 INTENT OF SUBCONTRACT. The intent of the Subcontract is to include in Subcontractor’s Work all work, labor, tools,

equipment, materials and services of any kind and type required for the satisfactory performance and timely completion of

Subcontractor’s Work in strict accordance with the Contract Documents. Items not expressly included in the Contract Documents but

which are reasonably inferable therefrom as being necessary, or which are customarily provided, to produce the intended utility,

functionality, and appearance of Subcontractor’s Work, and it’s neat and workmanlike fitting with the remainder of the Prime Work, all as

acceptable to the Owner, is deemed included as Subcontract Work.

1.4 COMPLEMENTARY DOCUMENTS. The Prime Contract plans, drawings and specifications are complementary and cumulative.

What is called for by one shall be as binding as if called for by all.

1.4.1 SECTION REFERENCES. References to Sections throughout this Subcontract include all subsections, unless the context requires

otherwise.

1.5 AVAILABILITY OF CONTRACT DOCUMENTS. The Subcontractor, by signing this Subcontract, represents that it has

independently assured itself that all of the Contract Documents have been made available to it, and confirms that it has reviewed,

examined and thoroughly familiarized itself with same. All Contract Documents shall be kept on file in the office of the Contractor, or at

the site at Contractor’s option, for reference purposes during the performance of the Prime Work.

1.6 DISCREPANCIES AND CONFLICTS. If any discrepancies, conflicts or ambiguities in or among any of the Contract Documents

are discovered by Subcontractor it shall immediately bring the same to the attention of Contractor in writing for investigation and

4


SEE APPENDIX “A” ATTACHED

resolution. Failure to do so within five business days of the time Subcontractor discovered or with due diligence should have discovered

any such discrepancies, conflicts or ambiguities, shall constitute acquiescence therein and a waiver of any Claim by Subcontractor, arising

out of the resolution thereof. Any of Subcontractor’s Work relating to any such conflict or ambiguity that is performed by Subcontractor

prior to such resolution shall be at Subcontractor’s sole risk, cost and expense.

1.7 “CLAIM” DEFINED. The term “Claim” as used throughout this Subcontract shall mean any request, demand, or claim for, extra or

additional compensation in money, extension of time, a change or reduction of responsibility, the adjustment or interpretation of contract

terms, or other relief arising under or relating to the Subcontract.

2. OBLIGATIONS AND RIGHTS UNDER PRIME CONTRACT. Subcontractor expressly assumes to Contractor all of the

obligations and responsibilities applicable to the performance of this Subcontract which under the Prime Contract Contractor assumes

toward the Owner respecting performance of the Prime Contract. Subcontractor agrees that Contractor shall have, without diminution of

any further rights it may have under other terms of this Subcontract or otherwise, and to the fullest extent permitted by law, all rights and

remedies against Subcontractor respecting the performance of this Subcontract that the Owner has against Contractor respecting the

performance of the Prime Contract, including, without limitation, any exculpatory and indemnitory provisions, including defense and

indemnity for liabilities caused by Owner’s and Contractor’s negligence; any duty, including any absolute duty, to protect the Work; any

exclusions or limitations upon Claims for damages for delay; any limitations of time, notice requirements, procedures or conditions

precedent respecting Claims or requests of any kind including requests for extension of time; Owner changes to the Work; variances

between the actual site conditions (including subsurface conditions) and the conditions shown or indicated in the Contract Documents

(collectively, “Differing Site Conditions”); liquidated damages; suspension of work; termination of the Contract; any requirements for

documentation, substantiation, or certification of Claims or requests of any kind; any warranties or guarantees including specific

guarantee retainage provisions; and any dispute resolution provisions, including forum, jurisdiction and venue provisions. Any time

provisions imposed upon the Contractor under the Prime Contract or by law shall be binding upon the Subcontractor, provided however,

that Subcontractor must in each case act towards the Contractor within one half of the time provided therein for action by Contractor

towards the Owner, or such lesser time as is elsewhere herein provided, in order to afford the Contractor reasonable opportunity to

evaluate and timely act upon any Claim, request or position asserted by Subcontractor. Subcontractor represents that it has had ample

opportunity to and has in fact examined and understands all of the Prime Contract provisions respecting the foregoing subjects and

accepts the rights and obligations imposed thereunder through this paragraph 2.

3. PROJECT SITE. Subcontractor represents that it has inspected the Project site and the Contract Documents; that it has taken into

account all visible and reasonably inferable geographic and climatic conditions, the availability and costs of labor, materials, tools and

equipment, and the Owner’s and Contractor’s scheduling requirements; that it is familiar with local conditions under which the Work is to

be performed, and potential congestion and restrictions upon transportation of material, equipment and labor forces to and within the site.

Subcontractor’s commencement of its Work at the jobsite shall be conclusive evidence that it deems the site to be ready for the reception

and installation of its Work.

3.1 PRECEDING WORK. Subcontractor shall throughout performance of its Work inspect preceding work of others upon and adjacent

to which its Work is to be performed (“Preceding Work”), and shall promptly notify the Contractor of any observable defect or

objectionable condition prior to the commencement of its Work; absent such notice Subcontractor shall be deemed to have accepted the

conditions of such Preceding Work.

3.2 CONCURRENT USE AND ACCESS. Contractor may require that certain Project facilities and areas be accessible

and/or used concurrently by Subcontractor and others. No extension of time for completion will be granted and no

additional payments will be made to Subcontractor as a result of any such requirements.

4. CONTRACT PRICE. Contractor shall pay to Subcontractor for satisfactory performance and completion of the Subcontract Work

and of all of the duties, obligations and responsibilities of carrying out this Subcontract the compensation described in Appendix “A”

attached hereto (the “Subcontract Price” or “Price”):

5


4.1 SUBCONTRACT PRICE BREAKDOWN. Prior to submitting its first application for payment Subcontractor shall submit to

Contractor for its approval, a proposed Price Breakdown or Schedule of Values, showing the various items making up the total amount of

the Subcontract Price specified herein which Price Breakdown, subject to Contractor’s written approval thereof, shall be used as a basis

for making Progress Payments to Subcontractor pursuant to Section 4.2 below.

4.2 PROGRESS PAYMENTS. Progress Payments shall be made to Subcontractor on a timely basis consistent with the progress

payment cycle and requirements of the Prime Contract., pursuant to payment applications to be submitted by Subcontractor to Contractor,

for the value of Subcontractor’s Work completed during each prior Payment Period as jointly estimated by Subcontractor and Contractor,

using a mutually agreed upon Price Breakdown, for the parts, percentages or amounts of Subcontractor’s Work as have been approved

for payment by Owner’s Engineers, less retainage in the same percentage as may be retained from Contractor by Owner, if any, or as

set forth in Appendix A , and paid for by Owner to Contractor. Such progress payments by the Owner to the Contractor shall be a

condition precedent to Subcontractor’s entitlement to receive a progress payment, unless the Owner’s failure to make a payment is for

reasons unrelated to the Subcontractor’s Work. When the quantities approved by the Owner for payment consist of items of Work on

which Subcontractor has performed only a portion of the Work approved for payment, then quantities of Work for which Subcontractor

shall receive payment shall be reasonably determined by Contractor in the first instance, subject to adjustment for good cause shown.

Unless otherwise provided by the Prime Contract, law or by Appendix “A”, provided that Subcontractor is not otherwise in breach of this

Agreement, payment to Subcontractor shall be made not later than thirty (30) days after Contractor receives its progress payment from

Owner.

4.3 PAYMENT APPLICATIONS. Subcontractor is required to submit its application for payment monthly, no later than three (3)

business days following the last day of the current monthly pay period, accompanied by, if requested by Contractor, a forecast of the

amount of the next month’s expected application for payment. Subcontractor’s application for payment shall be on forms as per Exhibit

A (“Application for Payment”) attached, or on such other forms, and in content, acceptable to Contractor and the Owner. All payment

requests should be submitted by Subcontractor to Contractor’s jobsite project office. Particular attention shall be paid to timely submission

of EEO, MBE, DBE, WBE and similar requirements of the Contract Documents required by the Owner. Delay in submitting any of

these documents may cause delay in payment.

4.4 STORED MATERIALS. If approved in advance by Owner, applications for Progress Payments may include

requisitions for materials and equipment not incorporated in Subcontractor's work but delivered and suitably stored at the

site or at some other location agreed upon in writing, subject to such further terms and conditions precedent as may be

fixed by the Owner and the Contractor. As between Contractor and Subcontractor, the risk of loss for such materials at all

times shall remain upon Subcontractor to the fullest extent permitted by law.

4.5 SUPPORTING DOCUMENTS. In consideration of each Progress Payment and as a condition precedent to the receipt thereof,

Subcontractor shall execute a Partial Release and Partial Waiver of Lien, in affidavit form, certifying payment for all labor performed and

materials furnished as of the last day of the preceding payment application period, in the form attached hereto as Exhibit “B” (“Partial

Release and Partial Waiver of Lien”). In the event of any disputes between Subcontractor and its laborers, sub-subcontractors, suppliers

or others, Subcontractor may except same from such certification but shall furnish complete details as to the nature of such disputes,

showing that Contractor is adequately indemnified against or immune from any loss emanating from such dispute. Should Subcontractor

refuse or neglect to furnish such affidavit, no payments shall be made or be deemed to be due to Subcontractor. At Contractor’s option

and demand, Subcontractor agrees to furnish good and sufficient waivers of lien from its suppliers, vendors, materialmen, sub-

subcontractors or others, including union benefit funds, furnishing labor or materials in connection with the Project. If required by

Contractor, pay quantities and daily reports shall be turned in daily to Contractor’s Project Engineer. Failure to do so may delay payment.

4.6 FINAL PAYMENT. Final Payment shall be made to Subcontractor on a timely basis consistent with the Final Payment terms and

requirements of the Prime Contract., pursuant to a Final Payment application to be submitted by Subcontractor to Contractor, for the final

value of Subcontractor’s Work completed. Unless otherwise required by the Prime Contract, by law or by Appendix “A”, provided that

6


Subcontractor is not otherwise in breach of this Agreement, final payment to Subcontractor shall be made within ninety (90) days after

completion of Subcontractor’s Work, provided same has not been disputed or rejected by Owner., and provided that Subcontractor shall

have furnished to Contractor: Subcontractor’s material certifications, warranties, guarantees, as-builts, manuals, continuing bonds,

operator training, certifications, satisfactory proof of payment by Subcontractor of each and every obligation owed by it to laborers,

materialmen, suppliers and others furnishing labor, materials or services to the Project under this Subcontract, and satisfactory proof that

all Claims and demands made in connection with Subcontractor’s Work have been discharged, and shall have performed or delivered all

other required close-out obligations and documentation required by the Subcontract. Without limiting the foregoing, in consideration of

final payment and as a condition precedent to the receipt thereof, Subcontractor shall execute, in accordance with the form annexed hereto

as Exhibit “C” (“Full and Final Release and Waiver of Lien”), a general release and waiver of all liens or rights of lien for all Subcontract

Work or other labor performed or materials supplied for the Project together with a written certification that it has paid all outstanding

obligations to laborers, sub-subcontractors, suppliers or others for which it is a trustee of contract funds under any statute, and has satisfied

all of its payroll tax obligations in connection with the Project. In the event of any disputes between Subcontractor and any of its laborers,

sub-subcontractors, suppliers and others, Subcontractor may except same from such certification but shall furnish complete details as to

the nature of such disputes, showing that Contractor is adequately indemnified against or immune from any loss emanating from such

dispute. If Subcontractor shall have furnished a payment bond, lien discharge bond, or performance bond to Contractor it shall provide

Contractor with written consent of its sureties to the making of such Final Payment. Should Subcontractor refuse or neglect to duly

execute and furnish the aforesaid documents and certifications, final payment shall not be made or deemed to be due to Subcontractor.

Subcontractor further agrees to furnish a good and sufficient waiver of lien or payment bond claim from every person and corporation

furnishing labor or materials in connection with the Subcontract, including union benefit funds. Payment by the Owner to the Contractor

for all of Subcontractor’s Work shall be a condition precedent to Subcontractor’s entitlement to final payment, unless the Owner’s failure

to make such payment is for reasons unrelated to the Subcontractor’s Work or its failure to satisfy obligations under this Subcontract.

4.7 LIENS, CLAIMS OR SUITS. If, at any time before final payment, there shall be any lien, Claim, suit, attachment, notice or any

other encumbrance filed against Subcontractor or presented to Contractor by any third-party against Subcontractor, Contractor shall have

the right to retain out of any payments then due, or which may thereafter become due to Subcontractor, an amount sufficient to indemnify

Contractor against any loss, cost or expense arising from any such lien, Claim, suit, attachment, notice or any other encumbrance,

including reasonable attorney’s fees. In the event any such encumbrance shall be asserted, Subcontractor shall, within seven (7) days of

receipt of notice thereof, cause it to be discharged by payment, bonding, or otherwise. In the event that Subcontractor fails to discharge

such encumbrance within seven (7) days, Contractor, at its option, may pay or otherwise discharge such encumbrance and withhold the

costs incurred in doing so, including reasonable attorney’s fees, from any amounts owed Subcontractor. The rights contained in the

preceding provisions are absolute, and are not dependent upon the ultimate validity of such lien, Claim, suit, attachment, notice or

encumbrance. Any amounts retained by Contractor, as aforesaid, shall not bear interest and need not be released to Subcontractor until

the invalidity of any such lien, Claim, suit, attachment, notice or encumbrance has been conclusively determined by a tribunal of

competent jurisdiction, or has been properly paid and satisfied, and documents evidencing such disposition have been presented to

Contractor.

4.8 PAYMENT USE RESTRICTION. Subcontractor covenants and agrees that no payment received by Subcontractor shall be used for

any purpose other than to pay monies owed by Subcontractor to persons furnishing labor, equipment or materials used in performing

the Subcontract Work on the Project unless and until all Claims of all such persons have been fully satisfied or discharged. Subcontractor

shall be liable to Contractor for any loss, cost, damage or expense, including legal expenses, incurred by Contractor by reason of

Subcontractor’s violation of this covenant and agreement

4.9 NO ACCEPTANCE OF WORK BY PAYMENT. Payments to Subcontractor including final payment is specifically agreed not to

constitute or imply acceptance of Subcontractor’s Work or waiver by Contractor or Owner of any rights, remedies or defects respecting

any portion of Subcontractor's Work later found to be non-conforming or defective for any reason.

4.10 LEGISLATION. The provisions of this Subcontract supplant to the fullest extent permitted by law any and all terms respecting time

or manner of payments provided by statute or regulation applicable to the Project. Solely to the extent any provision of this Subcontract

impermissibly conflicts with such statute or regulation it shall be deemed amended to conform thereto.

7


5. SCHEDULING AND PROSECUTION OF THE WORK. Subcontractor shall begin its Work promptly, and diligently prosecute

the same to completion in accordance with the Subcontract Completion Dates and Progress Schedule, included as part of Appendix “A”,

or if a Progress Schedule is not included in the Appendix, then in accordance with a schedule to be approved by Contractor and in a

manner so as not to delay or otherwise interfere with or hinder the work of others. It shall fully cooperate with the Contractor’s efforts to

schedule and coordinate the overall Prime Work. In agreeing to complete its Work as aforesaid, Subcontractor hereby represents that it has

taken into consideration and made allowances for or assumes the risk of all reasonably foreseeable hindrances and delays incident to its

Work. If necessary in the reasonable judgment of Contractor from time to time, and without prejudice to any other rights of Contractor,

Subcontractor shall upon demand increase its workforce, the number of shifts, the days of work and, to the extent permitted by law,

institute overtime operations, at Subcontractor’s sole cost and expense, in order to maintain the Progress Schedule or regain any time lost

due to Subcontractor’s delay. Subcontractor agrees to accept the determinations of Contractor as to the times when and locations where

Subcontractor’s work shall be performed in order to coordinate same with other Work consistent with the overall intent of the Progress

Schedule. Contractor does not assure Subcontractor that it shall be able to commence, prosecute or complete its Work at the time stated,

or in the sequence, manner or durations provided for in any Progress Schedule, or that the entire Work shall be completed at the time fixed

in such Progress Schedule. A reasonable number of multiple come-backs, and of multiple or partial punch lists are anticipated and

allowed for by Subcontractor in the Subcontract Price. SUBCONTRACTOR’S COMPLETION OF ITS WORK WITHIN THE

PRIME CONTRACT TIME FOR COMPLETION OF THE WORK, AND THE PROGRESS SCHEDULE, AND WITHIN

ANY INTERIM PRIME CONTRACT MILESTONES APPLICABLE TO ITS WORK, AND SUBCONTRACTOR’S

COOPERATION WITH CONTRACTOR’S EFFORTS TO SCHEDULE AND COORDINATE THE PRIME WORK, ARE

OF THE ESSENCE OF THIS SUBCONTRACT.

5.1 USE OF CPM SCHEDULES. Construction progress and operations for the Project may, at the Owner’s or the Contractor’s option,

be scheduled and monitored using a Critical Path Method (CPM) Progress Schedule. If so, Subcontractor and its subcontractors, as and

when required, shall promptly furnish all scheduling information requested by Contractor from time to time and in such form and detail

as requested for its Work, within five (5) days of the request.

5.2 SUBMITTALS. Within ten (10) days after execution of this Subcontract, Subcontractor shall provide a list of proposed sub-

subcontractors, and suppliers. Subcontractor shall immediately commence, at its own expense, to make and furnish adequate numbers

and copies of all submittals, including shop drawings, samples, vendors’ cut sheets, product data, and vendor warranties or guarantees

(“Submittals”) that may be required or desirable for approval by Contractor or the Owner, as the case may be. In the instance of

specifically prepared fabrication drawings, Submittals shall consist of one reproducible drawing and two prints, plus whatever is required

under the Prime Contract. Subcontractor shall keep Contractor timely apprised in writing as to what drawings or information or approvals

may still be required or have been submitted but not yet approved to complete the work herein contemplated. Subcontractor shall stage

its Submittals in reasonable relationship to its Work and the Progress Schedule and shall keep Contractor regularly advised of the priority

and sequence in which approvals are desired so as not to delay the progress and completion of its Work or that of other trades. It is

Subcontractor's continuing obligation, to take all necessary steps, including but not limited to furnishing and providing samples, test and

reports, quality assurance programs, guarantees, drawings, manuals, certificates, details, warranties, and inspections (including controlled

inspection), to monitor its Work and to obtain any and all required approvals necessary or required under the Contract.

5.3 EFFECT OF APPROVALS. Approvals of Submittals by Contractor shall not be deemed to authorize any deviations or substitutions

from the Work required under the Contract Documents, unless such deviations or substitutions have been previously a) timely brought to

Contractor’s attention; and b) made the subject of an express, written direction duly signed by Contractor. Otherwise, Subcontractor shall

remain liable to correct any deviation or substitution at any time at Contractor’s direction at no additional cost. Contractor shall have the

right to demand compliance with an approved submittal even if it is later determined that is exceeds the Subcontractor requirements.

5.4 LINES, GRADES and LAYOUT. Subcontractor shall immediately establish all the lines, grades and levels that may be required to

perform its Work properly. Subcontractor’s use of any lines, grades, or levels that may be furnished by others shall be on its own

responsibility as to their correctness, unless Contractor has expressly otherwise directed in writing. All dimensions and elevations,

indicated on the plans, are to be verified in the field by Subcontractor, who shall assume the responsibility for any errors or discrepancies

not timely reported to Contractor. Subcontractor shall be responsible to lay out its Work and shall be strictly responsible for the accuracy

of its Work and for any loss or damage to Contractor or others by reason of Subcontractor's failure to correctly lay out or perform its

8


Work.

5.5 COOPERATION. Subcontractor must keep itself informed of the conditions of and relating to the Project and the Project site, so as to

avoid delay to the delivery of materials or the installation of its own or others’ Work. It is expressly agreed that Subcontractor must as

directed by Contractor cooperate to the utmost with and extend every reasonable facility to Contractor, the Owner, the Owner’s

Architects/Engineers/Construction Managers, and other contractors employed at the Project site, and must afford all other contractors

reasonable opportunity for the introduction and storage of their materials and the execution of their work. Subcontractor agrees to

cooperate with all others on the Project, to the end that the respective works shall constitute one neat workmanlike piece of work and shall

lay out and install its work in such manner as not to delay or interfere with the carrying forward of the work of other contractors or

subcontractors on the Project. In the event of the failure for any reason of Subcontractor and such other persons to agree as to the extent

of such cooperation or the extent of the work to be done by such other persons to insure the proper consummation of items of contiguous

work or to insure the carrying out of their respective agreements, such disagreement shall be determined by Contractor whose decision

shall be final and binding.

5.6 BEST SKILL AND JUDGMENT; SUPERVISION. Subcontractor agrees to furnish its best skill and judgment and qualified field

supervision and project management continuously throughout the performance of the Work. Subcontractor shall keep a competent

superintendent or foreman on the Work at all times to whom Contractor’s superintendent may issue instructions and who shall have full

authority to carry out all instructions issued by Contractor’s superintendent. Subcontractor shall promptly replace said persons, without

additional charge, if demanded by Contractor. If obligations are imposed upon Contractor in the Prime Contract regarding

superintendence or project management, these obligations are specifically incorporated herein by reference and are imposed upon

Subcontractor to the extent necessary to assure Contractor's compliance with its contractual obligations to the Owner.

5.7 CONTRACTOR’S RIGHT TO SUPERVISE. Contractor shall have the right, but shall not be obligated, to exercise supervision and

control over Subcontractor’s Work from time to time, but such supervision and control shall not, in any way limit, or diminish the

obligations of Subcontractor to perform the same in strict accordance with the Contract Documents, nor create any relationship other than

as an independent subcontractor of Contractor.

5.8 COMPLIANCE WITH ORDERS. Subcontractor agrees to promptly comply with all orders and directions given by Contractor,

irrespective of whether Subcontractor shall dispute the same in any respect and without awaiting a determination by the Owner or any

other person, entity or tribunal with respect to any such dispute.

5.9 LABOR PEACE. Subcontractor shall not employ labor or means or use materials which may cause strikes or other labor disharmony,

disputes or trouble with workmen employed by Contractor or other contractors, subcontractors or persons on any work in connection

with the Project and shall conform to the labor policies of Contractor. Subcontractor shall immediately replace any workers reasonably

objectionable to the Contractor. Subcontractor agrees to save Contractor harmless from all loss and damages resulting from labor troubles

or disputes occasioned by the labor or means or materials employed by Subcontractor on the Project. The failure of Subcontractor to

employ labor, or furnish material agreeable to Contractor and other trades employed on the Project shall be a ground for justifiably

terminating this Subcontract. Whenever an actual or potential labor dispute delays or threatens to delay the performance of the Work, the

Subcontractor shall immediately give notice thereof to Contractor. Such notice shall be confirmed in writing and shall contain all

information relevant to the dispute.

5.10 CONDUCT OF PERSONNEL. Special care shall be exercised when working in the vicinity of any residential, commercial and

public facilities. Subcontractor shall assure that its personnel shall at all times demonstrate an appropriate, respectful and professional

attitude towards the general public and private and public property. Any intentional conduct by Subcontractor’s employees which causes

damage to private or public property of others or is disrespectful to members of the general public or reflects badly upon the Owner, the

Contractor or the construction industry shall be grounds for terminating Subcontractor’s contract.

5.11 TEMPORARY FACILITIES. Subcontractor shall furnish all temporary facilities needed for its Work. Common facilities to be

provided by Contractor, if any, are only those set forth in Appendix “A” (“Scope of Work”).

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5.12 CLEAN WORK SITE AND FINAL CLEANUP. Subcontractor shall maintain at all times a clean, safe work site so as not to

present hazards and safety concerns. As such, Subcontractor is responsible for maintaining its work areas such that they are clean, orderly

and free from hazards and debris. Upon completion of the Work, Subcontractor shall remove all its tools, materials, rubbish, debris and

other articles from the work site and shall leave its portion of the Work and the area occupied or used by it broom clean. Should it fail to

take prompt action to this end, the Owner, or Contractor (at its option and without waiver of such other rights as it may have) may on ten

(10) days’ notice treat them as abandoned property and shall charge Subcontractor the costs for removal of Subcontractor’s tools,

materials, rubbish, debris and other articles of property.

5.13 NOTICE TO UTILITIES. Subcontractor shall assure that utility location and protection services are notified sufficiently in advance

of its Work.

5.14 REPAIR OF DAMAGE TO OTHERS’ WORK. Subcontractor agrees that if it causes any damage of any sort whatsoever, whether

to its Work or to the work of Contractor or to the work of another prime contractor or subcontractor, it will immediately, and at its own

expense, remedy the damage so caused to the satisfaction of Contractor.

5.15 CUTTING AND PATCHING. Subcontractor shall perform any and all cutting and patching necessary in connection with

Subcontractor's Work and agrees that such cutting and patching shall be done in a manner so as to cleanly blend with work performed by

others on the project, without additional compensation.

5.16 PUNCH LIST. Subcontractor shall promptly perform any and all punch list work submitted to it by Contractor. Multiple punch lists

may be required.

5.17 PERMITS AND FEES. Subcontractor agrees to obtain, as its sole cost and expense, any and all permits, approvals and licenses,

fees, taxes and assessments that may be required in connection with the performance of the Subcontractor’s Work.

5.18 MATERIAL STORAGE AND APPROVALS. Subcontractor must be prepared, at all times, to prove within commercial norms, the

exact quantities and qualities of the materials and equipment purchased, used, or to be used on the project. If Subcontractor is assigned a

storage area for its equipment, material and tools, it shall not store any item outside of the designated area. Subcontractor shall be

responsible for the receipt, delivery, unloading, storage, warehousing, protection, insurance and all other risk of loss relating to any

materials or equipment it is to furnish, install, provide, or have provided to it under this Subcontract.

5.19 CONTRACTOR FURNISHED MATERIALS. If Contractor furnishes or causes others to furnish material to Subcontractor,

Subcontractor shall be obligated to inspect all material and equipment at time of delivery and to handle, store and install same

satisfactorily. Subcontractor shall be responsible to immediately notify Contractor, in writing, of any defects or non-conformity in the

material or equipment so received or delivered. Failure to notify Contractor shall be deemed an acknowledgement and acceptance of the

material as being in accordance with this Subcontract. Subcontractor shall be liable for any damages incurred by Contractor as a result of

its failure to so notify Contractor.

5.20 INSPECTION OF WORK. Subcontractor shall notify Contractor when portions of Subcontractor's work are ready for inspection.

The Subcontractor shall at all times furnish Contractor adequate facilities for inspecting materials at the site, or any place where materials

under this Subcontract may be stored in the course of the preparation, process, manufacture or treatment. Subcontractor shall furnish to

Contractor full written reports of the progress of Subcontractor's work in such detail and as often as required irrespective of the location of

such work. It is understood that the Owner, the Contractor, the Architect/Engineer or their authorized representatives shall have the right to

inspect all material and workmanship, and Subcontractor shall provide safe and sufficient facilities at all times for inspection of its Work

whether at the place of manufacture, building site or any intermediate point.

5.21 PRIVITY. Until the final acceptance of the Project, Subcontractor hereby agrees not to perform any work directly for the Owner, or

any co-prime contractor, or any tenants thereof, or deal directly with any representatives of same in connection with the Project, unless

otherwise directed or permitted in writing in advance by Contractor. All work for and about this Project performed by Subcontractor shall

be processed and handled exclusively under this Subcontract with Contractor.

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SEE APPENDIX “B” ATTACHED

5.22 WORK PLACE SAFETY. Subcontractor is required to perform the Work in a safe and reasonable manner, and it shall seek to

avoid injury, loss or damage to persons or property by taking all reasonable steps to protect: a) its employees and other persons at the site;

b) materials and equipment stored at the site or at off-site locations for use in the performance of the Subcontract Work; and c) all property

and structures at the site and adjacent to work areas, whether or not said property or structures are part of the Project site or involved in the

Work. Subcontractor shall comply with all applicable rules, regulations, orders and other lawful requirements and standards established

to promote worker safety and health at the work site, including compliance with all applicable provisions of the Occupational Safety and

Health Act of 1970, as amended. Subcontractor shall indemnify Contractor for any fines, or penalties imposed on Contractor as a result

of any safety or health violations to the extent that any such fines or penalties are the result of the Subcontractor’s failure to comply with

applicable safety or health requirements, rules, regulations, orders or other lawful requirements, and it shall give prompt notice thereof to

Contractor and promptly provide Contractor with copies of any citations and other related documents it has received in connection with

any such violations. Further, Subcontractor shall comply with the following Work Place Safety requirements.

5.23 ELECTRONIC DOCUMENT CONTROL. Subcontractor agrees to promptly implement, support, maintain and abide by any

reasonable requirements or protocols established by or pursuant to the Prime Contract, or hereafter by Owner, or by Contractor, respecting

the use of computer technology to exchange Project information and documents electronically for the purpose of improving record-

keeping, productivity, system and format compatibility and information and document control.

6. CHANGES AND EXTRAS. Contractor, without invalidating the Subcontract, may, at any time order or require changes in

Subcontractor’s Work consisting of additions, deletions or other revisions, with the Subcontract Price being adjusted accordingly

(“Change Order”). If not otherwise provided for herein, the provisions of the Prime Contract with respect to pricing, approval and

performance of Change Order work or additions, deletions and modifications to the Work shall be applicable to this Subcontract and fully

binding upon the Subcontractor with regard to any such work. Subcontractor will render bills for any additional work at such times and

in such form as directed by Contractor. For the purpose of checking such bills and any other Claims and determining the correctness of

the charges, Subcontractor shall also permit Contractor to audit its books and hereby authorizes Contractor to check directly with the

suppliers of labor and materials to confirm the accuracy and correctness of the charges for labor, materials or other items appearing in the

Subcontractor’s bill to Contractor. Any modification or change of the Subcontract providing for the omission of work shall be computed,

and the value, when so determined, shall be deducted from the Subcontract Price as herein provided.

6.1.1 For changes in the Work that have been initiated by the Owner, the Subcontractor shall promptly submit any Claims it may have, or,

in the case of reduced or deleted Work, any credit or deduction, for the adjustment of price, schedule or other provisions of this

Subcontract to the Contractor in writing, in sufficient time to allow the Contractor to process such Claims, credits or deductions with the

Owner within the time and in the manner provided for in the Prime Contract. Contractor shall be liable to Subcontractor for such changes

to the same extent, but only to the extent, that the Owner is liable and pays or reduces payment to Contractor for the same insofar as it

concerns Subcontractor’s work. The mark-up for Subcontractor’s profit and overhead on all Changes ordered by the Owner and

performed by the Subcontractor shall be as provided for in the Prime Contract; otherwise, as approved by the Owner, or as stipulated in

Appendix A, annexed.

6.1.2. Changes in the Subcontractor’s Work not initiated or payable to Contractor by Owner shall be payable pursuant to separate written

agreement. If Contractor orders such work to be performed on a Time & Materials basis, such work will be payable as provided for in

Exhibit D, annexed.

6.2 The Subcontractor shall not be entitled to receive any extra compensation of any kind whatsoever, unless such extra compensation is

authorized by order given in writing and signed by the Project Manager of Contractor, or other duly authorized representative of

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Contractor, or Subcontractor has reserved its rights pursuant to Section 7. All rates for labor, materials and equipment related to work

performed on a “time and materials” basis must be submitted by Subcontractor to and approved by Contractor in writing prior to

commencement thereof, failing which any Claim for payment for such work is waived.

6.3 Prior to the issuance of any Change Order, Contractor may require Subcontractor to furnish a detailed itemization showing the

difference in value of the work, labor, services, and materials altered, added, omitted or changed by the proposed Change Order. If an

agreement as to a monetary or time allowance or other term in the Change Order cannot be reached, Contractor may direct Subcontractor

in writing to perform the Work on a “time and materials” basis.

6.4 The failure of Subcontractor to immediately commence performance of any Change Order when so directed in writing by Contractor,

regardless whether agreement has been reached on the adjustment of the Subcontract Price, shall constitute a material breach of the

Subcontract. Subcontractor may reserve its rights to extra compensation, if same has not been agreed upon at the time of such

Contractor’s direction, by delivering to Contractor written notice of a Claim therefor, pursuant to Section 7, or 23, whichever may apply,

prior to the commencement of any extra work. In such event, Subcontractor shall prepare and present to Contractor statements or tickets

on a daily basis at the close of work each day certifying all labor, supervision, equipment, and materials used solely for such work,

consistent with Exhibit D, attached.

6.5 Any extension of time needed by Subcontractor as a result of a proposed alteration, addition or change in its Work shall be provided

for in and by such Change Order. There shall be no other monetary or time allowance, direct or indirect, to Subcontractor other than as

specifically provided in such Change Order.

6.6 Where unit prices apply to Work under the Prime Contract and are stipulated in the Subcontract, all adjustments, whether increases or

decreases, shall be made in accordance with the unit price terms and conditions of the Prime Contract.

6.6.1 Unit prices stipulated in the Subcontract shall be deemed to include all general and administrative expenses, overhead, profit,

supervision, and all other direct and indirect expenses applicable to the unit price Work. Where unit price work is not required by the

Prime Contract but is ordered by the Contractor, the unit prices shall be subject to equitable adjustment if they exceed the Subcontract

stipulated quantity of units by more than 15%, provided, however, that in no event shall Contractor be liable to pay more than

Subcontractor’s actual time and material costs of performance of said excess plus 10% combined overhead and profit thereon.

Subcontractor shall give advance notice to Contractor of any anticipated excess over-run and shall comply with all provisions of this

contract respecting time and material work with regard to same.

6.7 The issuance of any Change Order and payment thereof shall remain subject to any applicable Owner or public agency rights of audit

or review.

6.8 No Change Order shall vary or affect the terms, conditions and provisions of the Subcontract except as specifically set forth in the

Change Order.

7. CLAIMS. Subcontractor shall make all Claims to the Contractor in the manner provided for in the Prime Contract for like Claims by

the Contractor against the Owner provided further, however, that Subcontractor must also comply with all provisions of this Subcontract

respecting Claims.

7.1 NOTICE OF CONDITION. Unless a shorter time limit is required under the Prime Contract, within forty-eight (48) hours after the

commencement of any condition claimed to be grounds for a Claim, Subcontractor shall give Contractor a written statement of any such

condition, together with the particulars of time and money claimed and the reason(s) therefor, and thereafter submit updates of such

particulars to Contractor from time to time not more than thirty (30) days after any further such costs or losses of time are incurred.

7.2 PRESENTATION OF CLAIMS. If Subcontractor shall claim to have sustained any cost or damage by reason of delay, additional or

different work, differing site conditions, or otherwise, which claimed damage is or may be due, in whole or in part, to any act, omission,

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direction or order of the Owner or its agents, Subcontractor shall not have or assert any Claim therefor against Contractor; provided,

however that:

7.2.1 If Subcontractor has strictly complied with the requirements set forth in this Section 7, and has duly substantiated and certified such

Claim as to the truthfulness and accuracy thereof, Contractor shall present such Claim to the Owner, either in its own name or in the name

of Subcontractor;

7.2.2 The procedure, if any, provided for in the Prime Contract for the submission, documentation and determination of Claims shall

govern and the determination thereunder shall be finally conclusive and binding respecting any Claim so presented;

7.2.3 Contractor’s sole liability to Subcontractor on account of any such Claims shall be to provide to Subcontractor whatever

compensation or relief, if any, is derived from the Owner in respect of such Claims on behalf of, and allocated to, Subcontractor;

7.2.4 Subcontractor shall pay all costs and disbursements including legal fees incurred by Contractor in the presentation of such Claims,

as reasonably allocated or otherwise established by Contractor and as same are incurred, and regardless of the outcome; Contractor may

treat Subcontractor’s failure to timely pay its share of such costs as a withdrawal of its Claims;

7.2.5 In the event of a recovery or settlement from Owner which does not expressly allocate an amount to or for Subcontractor’s Claim,

the parties shall endeavor to agree upon such allocation in good faith; if they are unable to so agree, the allocation of such recovery

expenses and costs made by Contractor in good faith shall be binding and conclusive upon Subcontractor; and

7.2.6 It shall remain within Contractor’s sole discretion whether to commence or, if commenced, to continue, any legal proceedings

against Owner, including compromise or settlement of any such proceedings, provided, however, that Contractor shall endeavor in good

faith to keep Subcontractor informed and to consult with Subcontractor in advance of the commencement, discontinuance, or settlement

of any such proceedings.

7.3 STRICT COMPLIANCE. Without limitation, strict compliance with all of the terms of this Section and all other “notice” provisions

of or incorporated into this Subcontract is a condition precedent to the assertion by Subcontractor of Claims or suits of any kind. The

failure of Subcontractor to timely and strictly comply with the requirements of this Section 7 will be conclusively deemed to be a waiver

by Subcontractor of, and will relieve Contractor of all responsibility to present or pay for, any such Claim or dispute. Contractor’s

acceptance, presentation or prosecution of Subcontractor’s Claim shall not constitute a waiver by Contractor of any previous failure by

Subcontractor to strictly comply with this Section 7.

7.4 OTHER CLAIMS. Any Claim of Subcontractor of a type or character not addressed elsewhere in this Section, or of Contractor

against Subcontractor, shall be subject to resolution pursuant to Section 23 hereof.

7.5 ACCEPTANCE OF FINAL PAYMENT. The acceptance of final payment by Subcontractor shall constitute a full and final release of

any and all Claims which Subcontractor has against Contractor except for Claims which are in dispute with the Owner pursuant to this

Section 7 and which have not been otherwise waived or resolved.

8. DEFENSE, INDEMNIFICATION AND PROTECTION OF THE WORK.

8. A.1 DEFENSE AND INDEMNIFICATION. To the fullest extent permitted by law, the Subcontractor will fully defend and indemnify

Contractor, Owner, any higher-tier contractor of Contractor and any party who Contractor is obligated to indemnify and their respective

directors, officers, employees, agents, successors, assignees, partners, affiliates, subsidiaries, servants and representatives (“Indemnitees”),

except to the extent expressly prohibited by statute and excluding indemnification for acts or omissions for which Indemnitees are legally

prohibited from being indemnified under applicable law, from and against any and all claims, suits, liability, injury, liens, penalties,

judgments, damages, losses, costs and expenses, including but not limited to attorney’s fees and all costs of litigation, of any kind or

nature whatsoever (“Indemnity Claims”), arising out of, caused by, resulting from, or occurring in connection with the performance of the

Subcontract, including Indemnity Claims caused by the Indemnitees’ negligence, alleged or proven; breach of contract, alleged or proven;

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or breach of a statutory duty or other obligation, alleged or proven; provided, however, that Subcontractor shall have no obligation to

indemnify any Indemnitee against liability for: (1) death or bodily injury to persons; (2) injury to property; (3) design defects; or (4) any

other loss, damage or expense arising under either (1), (2) or (3); arising from the sole negligence or willful misconduct of such

Indemnitee, its agents, servants and independent contractors who are directly responsible to such Indemnitee.

8.A.2 To the extent that any provision or portion thereof, or aspect of this Section 8.A is deemed unenforceable as a matter of law, that

provision or portion thereof, or aspect will be deemed deleted and this clause will then be read as if the unenforceable provision or portion

thereof never existed.

8.B PROTECTION OF THE WORK. Subcontractor assumes to Contractor all duties and obligations which Contractor assumes to

Owner under the Prime Contract and shall have primary responsibility and liability with respect to the protection of its Work, expressly

including any provisions imposing upon Contractor an absolute duty to protect the Work. Subcontractor shall, at its own expense, fully

protect, insure against and secure its Work from injury or damage. Any damage caused to Subcontractor's work prior to final acceptance

and payment for the Project shall be immediately rectified by Subcontractor at its sole expense, or, without limiting any other remedy or

right it may have, Contractor may remedy the damage caused thereby and deduct the reasonable cost thereof from any amounts due or to

become due Subcontractor.

9. INSURANCE. Subcontractor shall provide and maintain at Subcontractor’s own expense the insurance coverage listed in Appendix

“C” for the work and/or services provided by this Subcontract.

10. GUARANTEE. Subcontractor expressly assumes towards Contractor to the fullest extent applicable to the Subcontractor’s Work all

of the obligations and responsibilities that Contractor assumes toward the Owner with respect to maintaining and guaranteeing the Work,

and Subcontractor shall perform any and all necessary and required maintenance, warranty and guarantee work at Subcontractor’s own

expense. Subcontractor shall also be fully responsible: (1) to repair or replace any defective or improper work or material, (2) to repair or

correct any damages caused thereby, and (3) to undertake at its sole cost and expense, the repair or replacement of such work, materials or

equipment, which are found by the Owner to be unacceptable, unsatisfactory or otherwise not in accordance with the standards and

requirements of the Contract Documents as same are applicable to Subcontractor’s Work. The provisions of the Prime Contract

regarding retention of amounts as guaranty for maintenance or repair of the Prime Work to be performed, shall be applicable to this

Subcontract with respect to the Work to be performed by Subcontractor. Unless a greater period of time is elsewhere provided for, the

Subcontractor warrants all of its Work to be free from defects of any kind for a period of one year from the date of Owner’s acceptance of

the Project.

10.1 DEVIATING WORK. The Owner may elect to accept Work performed by Subcontractor which is not in accordance with the

Contract Documents, rather than requiring its removal or correction. In such event, the Subcontract Price shall be adjusted as necessary to

equitably compensate Contractor for any charge by Owner arising out of Subcontractor’s failure strictly to comply with the requirements

of the Contract Documents.

11. TERMINATION. Without limitation of any rights of termination or other rights and remedies elsewhere in this Subcontract made

and provided for:

11.1 TERMINATION FOR CAUSE. In the event that the Work or any part thereof shall not be commenced or prosecuted by

Subcontractor as provided in this Subcontract; or if the Subcontractor shall fail or refuse to comply with any of the written orders or

directions of Contractor, or the Owner as to any matter affecting the quality, progress or prosecution of the Work; or if Subcontractor shall

cause, by any of its acts or omissions, the stoppage, delay or interference with the work of Contractor or of any other Subcontractors, or

shall fail to make, when due, payments to its subcontractors, laborers, materialmen, or others to whom it may be indebted; or should

Subcontractor, after due demand, fail to furnish what Contractor, in its sole judgment, considers adequate assurances of Subcontractor’s

ability to duly and timely complete the Subcontract Work remaining to be performed, or if Subcontractor in the opinion of Contractor,

materially violates any of the terms of this Subcontract, or the existence of circumstances as described in Section 11.1.1, then Contractor

shall, after three (3) days’ written notice to Subcontractor of default hereunder and upon Subcontractor’s failure within that time to

substantially commence and thereafter continuously and diligently proceed to cure such default, have the right to take over the Work or

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any such part or parts thereof and complete the Work or such part of the work or, at its option, employ others to complete the Work, and

charge the cost thereof to Subcontractor. If after commencing to cure, Subcontractor, in the sole opinion of Contractor, ceases to

continuously and diligently proceed, Contractor may exercise the rights set forth above without further notice of any kind to

Subcontractor.

11.1.1 COMPLETION OF WORK BY CONTRACTOR. In any such completion, in accordance with Section 11.1, the completing

contractor shall have the right to use any plant, equipment, materials or supplies provided by Subcontractor for performance of this

Subcontract until all Work has been completed. Subcontractor shall not be entitled to any further payment until all of its Work has been

completed and Contractor has received payment in full therefor from the Owner, at which time, if the amount which would have been

paid to Subcontractor for the completion by Subcontractor of all Work hereunder, less all previous payments made to Subcontractor, shall

exceed the actual and necessary expense of finishing, including as a part of such cost and expense attorneys’ fees, damages incurred

through the default of Subcontractor and ten percent (10%) for overhead if Contractor shall complete the Work itself, such excess shall be

paid by Contractor to Subcontractor. However, if such cost and expense shall exceed the amount which would have been paid to

Subcontractor for completion by Subcontractor of all Work hereunder, less all previous payments to Subcontractor, Subcontractor and its

surety shall be liable for and shall pay the difference to Contractor. Except solely to the extent prohibited by any applicable statute,

Contractor shall have the right to set off against any other subcontract balances and obligations due or to become due Subcontractor under

other subcontracts between Contractor or its affiliates and Subcontractor, and this term shall be deemed to be included and incorporated in

every other subcontract between Contractor or its affiliates and Subcontractor as an amendment in writing thereto. After Subcontractor’s

Work has been completed, it may remove such materials, supplies, equipment, tools and appliances as remain, but Contractor shall not be

liable for anything that has been lost, stolen, destroyed or worn out and used up.

11.1.2 COMPLIANCE WITH LAW, INTEGRITY AND ETHICS. Subcontractor shall comply with all contractual requirements and all

federal, state and local laws, regulations, ordinances, orders, notices, actions, policies, license requirements or common laws, including,

but not limited to, those concerning participation goals for groups identified in the Prime Contract including disadvantaged, minority, or

similar business entities, the proper handling, transportation, treatment, removal or storage of hazardous wastes, substances or materials,

or any substance the presence of which requires investigation or remediation. If this Subcontract arises under or related to a government

contract, grant to other government funding, Subcontractor shall comply with all applicable law and regulations related to such

government contract, grant or funding, and Subcontractor certifies that it is eligible to receive such contracts, grants or funds from the

government entity and that neither it nor its principals or management employees have been convicted of any acts which would render

Subcontractor or any of its principals or management employees ineligible for receipt of a contract, grant or funds from such government

entity. Subcontractor shall execute Federal Government Form SF 1413 or other applicable government forms if requested by the

Contractor. Subcontractor shall also comply with Contractor’s Code of Conduct which is attached as Appendix “D” to this document and

with all applicable ethics policies set forth in the Federal Acquisition Regulations, and state Conflict of Interest and Procurement Acts as

applicable. A violation of any of these provisions shall be grounds of termination for cause per Section 11.1.

11.2 TERMINATION FOR CONTRACTOR’S CONVENIENCE. Contractor shall have the right to terminate Subcontractor, by written

notice and without Subcontractor being at fault, for any cause or for its own or the Owner's convenience, and require Subcontractor to

immediately stop the Work. In such event, Contractor shall pay Subcontractor for that portion of the Work actually performed plus any

costs for labor, subcontractors, or materials, reasonably and necessarily incurred by Subcontractor in order to comply with such

termination (“Subcontractor Termination Costs”) plus an amount equal to five percent (5%) of such Subcontractor Termination Costs for

and in lieu of overhead and profit thereon. Contractor shall not be liable to Subcontractor for any other costs nor for prospective profits on

Work not performed. If the termination or cancellation is due to any default or action by Owner, or as a result of court order or public

authority, then Contractor shall not be liable to Subcontractor for any sum greater than that which Contractor receives from Owner with

respect to Subcontractor's performance, less any costs incurred by Contractor in obtaining that amount from Owner.

11.3 It is understood that Contractor reserves to itself the same rights against Subcontractor as regards terminating or canceling this

Subcontract as the Owner may exercise against Contractor under any provision of the Prime Contract.

11.4 In the event Subcontractor's right to perform is terminated under Section 11.1 or 11.1.2 and it is determined that such termination was

improper or wrongful, it is agreed that the termination shall then be deemed to be a termination for convenience pursuant to Section 11.2,

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but that no pre-judgment or other interest shall apply in respect of any payment due Subcontractor thereunder.

11.5 The foregoing provisions for Contractor’s benefit shall be in addition to any other rights and remedies of Contractor and shall not be

deemed or considered in any way to diminish or change Contractor’s right and remedies in the event of the default or abandonment by

Subcontractor of the Work under this Subcontract or any other breach of this Subcontract by Subcontractor. Moreover, nothing contained

in this preceding Section shall be deemed to obligate Contractor to take any affirmative action except at Contractor’s option.

12. SUSPENSION. In the event performance of the Prime Contract is suspended in whole or in part by the Owner, Subcontractor

understands and agrees that its Work, at the option of Contractor, may be similarly suspended in which case, its rights will be limited to

such extension of time for completion of the Work as may be allowed to Contractor by the Owner. Subcontractor shall be entitled to no

compensation or damages from Contractor on account of such suspension, unless, and only to the extent that, the Owner compensates

Contractor for additional costs incurred by Subcontractor on account of such suspension. Subcontractor further understands that

Contractor reserves the right to temporarily suspend execution of the whole or any part of the Work herein, if it shall deem it to be in its

best interests to do so, in which event Subcontractor shall not be entitled to any additional compensation for such suspension, and it shall

not be entitled to make any Claim against Contractor on account of any such suspension whether caused by Contractor or any of its

agents or representatives, other than a Claim for an extension of time within which to complete its Work, corresponding to the period of

such suspension.

13. EXTENSION OF TIME. The time provided for the completion of the Subcontract shall be extended only if it is determined by the

Contractor that the Subcontractor has been, or will be, necessarily delayed in completing his Work solely and directly by a cause(s) which

meets all the conditions and requirements specified in the provisions of the Prime Contract regarding extensions of time and only to the

extent the Owner grants Contractor such extension of time. As a condition precedent to being granted an extension of time, unless a

shorter timer period is required under the Prime Contract or under Section 2, Subcontractor must give Contractor written notice within

forty-eight (48) hours after the time when it knows or should know of any cause which might under any circumstances result in delay for

which it claims or may claim an extension of time (including those causes for which the Owner is responsible or has knowledge of,

specifically stating that an extension is or may be claimed, identifying such cause(s) and describing, as fully as practicable at the time, the

nature and expected duration of the delay and its effect on the Work). The failure of Subcontractor to give written notice as required

above shall be a conclusive waiver of any Claim for an extension of time.

13.1 NO DAMAGE FOR DELAY. Except as otherwise provided in Section 7 above, Subcontractor agrees that it shall have no Claim

against Contractor for any loss or damage it may sustain through delay, disruption, suspension, stoppage, interference, interruption,

compression, or acceleration of Subcontractor’s Work (“Delay Damages”) caused or directed by Contractor for any reason, and that all

such Claims shall be fully compensated for by Contractor’s granting Subcontractor such time extensions as it is entitled to as a result of

any of the foregoing. If, for any reason, Contractor is nevertheless found independently liable to Subcontractor for Delay Damages, such

damages, whether grounded in contract, tort or otherwise, and whether characterized as direct, special, incidental, consequential, or

otherwise, shall be subject to the following overall limitation upon their aggregate amount, irrespective of the number of separate such

claims asserted in respect of the Project: the aggregate of those costs described in part B of Exhibit “D” attached hereto.

14. OWNER ASSESSED LIQUIDATED DAMAGES. Subcontractor acknowledges that its failure to complete performance of its

Work within the time or milestones provided or within the time as extended may expose Contractor to severe financial hardship

including, but not limited to, the potential assessment of liquidated damages by the Owner against Contractor. In the event liquidated

damages are assessed against Contractor by the Owner, then Subcontractor agrees that Contractor may assess against it, and

Subcontractor shall be liable to and indemnify and hold harmless Contractor against any such damages in proportion to Subcontractor’s

share of the responsibility for same. Nothing contained herein, however, shall limit Contractor’s rights to Claim against Subcontractor for

Contractors’ other actual damages, if any, that are sustained by Contractor as the result of Subcontractor’s delay.

15. CERTIFIED FIELD PAYROLL REPORTS. Subcontractor shall furnish Contractor forthwith upon request with certified copies

of all Subcontractor’s field job payroll, covering all employees up to and including superintendents, certified by such officer or principal

of Subcontractor as Contractor may designate, and shall furnish to Contractor such evidence and documentation of the completeness and

accuracy thereof as Contractor may from time to time reasonably request. Subcontractor shall indemnify and hold harmless Contractor

16


from any loss, cost, penalty or other expense, including legal expense, arising from or by reason of any failure to promptly and fully

comply with, the requirements hereof. In addition, Subcontractor’s failure to promptly and fully comply with the requirements hereof

shall be grounds for termination of this Subcontract by Contractor for default.

16. TAXES, ASSESSMENTS, PREMIUMS AND FRINGES. Subcontractor shall pay all federal, state and local taxes, assessments

and premiums under the Federal Social Security Act, any applicable Unemployment Insurance, Workmen’s Compensation, Disability

Benefits, Old Age Benefits, Sales & Use Tax, Personal Property Tax, Transportation Tax, or other applicable taxes now or hereafter in

effect, payable by reason of or in connection with any part of Subcontractor’s Work, and furnish reports and information to all appropriate

federal, state and local agencies, as required, the same as though Subcontractor was in fact Contractor. Subcontractor will furnish

Contractor with its Employer’s Registration Number assigned to it by the state and federal agencies having the authority to issue such

registration numbers.

17. ASSIGNMENTS AND SUBLETTING. Subcontractor shall not assign or sublet the Work or any part of it, or make any

assignments of any money due or to become due to it hereunder, or give any orders to Contractor for payments to third parties, without

the prior written consent of Contractor in its sole discretion. If any such assignment order for payment is made or given by Subcontractor,

without prior written consent, the same shall be absolutely void and of no effect, and Contractor, in addition to its other rights hereunder,

shall have the right, at its option, to terminate this Subcontract pursuant to Section 11.1 and shall thereafter be under no further obligations

to Subcontractor.

18. BONDS. Subcontractor shall promptly and in any case prior to the commencement of its Work, procure and furnish to Contractor

separate performance and payment bonds in the amounts and with a surety company or companies that are acceptable to Contractor, each

in the penal sum equal to the Subcontract price, and in form as attached as Exhibits “E” and “F” (“Payment Bond” and “Performance

Bond”), failing which Contractor may terminate this Subcontract for cause.

18.1 SURETY NOT RELEASED. No change, alteration or modification in or deviations from this Subcontract or the plans or

specifications or in the terms or manner of payment, whether made in the manner herein provided or not, shall release or exonerate, in

whole or in part any surety on any bond given in connection with this Subcontract, and neither Owner nor Contractor shall be under any

obligation to notify the surety or sureties of any such change. If at any time prior to final payment hereunder the Owner reduces the

amount of retainage held from Contractor, Contractor may, at its sole discretion, without the consent of Subcontractor's surety, reduce

accordingly the retained percentage withheld from Subcontractor.

19. PATENT INFRINGEMENT. Subcontractor agrees to pay all royalties and license fees and to indemnify and hold harmless

Contractor and the Owner from loss or damage or expense, including legal expenses, to which they may be put as a result of Claims

made or litigation on account of alleged violation or infringement of any letters patent or patented rights or copyright arising out of the

Work, methods, materials, or things used by Contractor, except infringement or alleged infringement resulting from the use of or

compliance with designs, drawings and specifications which form a part of this Subcontract and which were not originated or prepared by

Subcontractor (“Infringement Loss”).

19.1 SECURITY. In the event of any actual or threatened Infringement Loss, Contractor may withhold from any payments due or to

become due to Subcontractor under the terms of this Subcontract, an amount sufficient in its judgment to protect and indemnify it and the

Owner, or Contractor in its discretion may require Subcontractor to furnish a surety bond satisfactory to Contractor, providing for such

protection and indemnity, which bond shall be furnished by Subcontractor at his own cost within five (5) days after written demand has

been made therefor.

19.2 SUBSTITUTE PRODUCT. In the event of any actual or threatened injunction or legal action serving to stop or impede the Work

due to an act or omission of Subcontractor respecting patent or copyright, the Contractor shall have the privilege of substituting such other

articles of similar kind or function in order to enable it to complete its Work, and all cost and expense occasioned thereby shall be borne

by the Subcontractor.

20. COMPUTER WORK. Should the Subcontract Work include the furnishing of any computer equipment, computer systems,

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computer software, embedded chips or any computer product of any nature (collectively “Computer Work”), Subcontractor warrants that

the Computer Work shall be state of the art as of the time of delivery, and that all Computer Work shall continue to operate and function

satisfactorily, without interruption, throughout the period during which Contractor guarantees or warrants the Work. Subcontractor shall

fully defend, indemnify and hold harmless Contractor and the Owner from and against any and all Claims, losses, expenses, costs,

liabilities, and damages of any nature, arising from breach of this warranty.

21. BANKRUPTCY. Termination Absent Cure. Upon the filing of any Petition for Bankruptcy by or against Subcontractor or the

appointment of a receiver for Subcontractor, or upon Subcontractor’s making an assignment for the benefit of creditors, or should

Subcontractor fail to immediately give Contractor written notice of the happening of any such event, Contractor may terminate this

Subcontract upon written notice unless Subcontractor, its surety, or the trustee, within the statutory time limit, or if no statutory time limit

applies, within three (3) days after receipt of said notice by Subcontractor, or its surety, or the trustee, as the case may be:

(a) promptly undertakes to and cures all defaults;

(b) provides adequate assurances of future performance;

(c) compensates Contractor for actual pecuniary loss resulting from such defaults; and

(d) assumes the obligations of the Subcontractor under this contract.

21.1 INTERIM REMEDIES. If Subcontractor is not performing in accordance with the schedule of Work upon the expiration of the

applicable notice period, Contractor, while awaiting the decision of Subcontractor or its trustee to reject or to accept this Subcontract and

provide adequate assurance of its ability to perform hereunder, may avail itself of such remedies as are reasonably necessary to maintain

the schedule of work.

21.2 OFFSET. Contractor may offset against any sums due or to become due to Subcontractor all costs incurred in pursuing any of said

remedies including, but not limited to, reasonable overhead, profit and attorney's fees.

21.3 LIABILITY FOR EXCESS COSTS. In the event of Bankruptcy or other default by Subcontractor, Subcontractor and its surety

shall be liable for the payment of any amount by which Contractor’s expenses may exceed the unpaid balance of the Contract Price.

Should any indemnity agreement between Subcontractor and its surety give rise, directly or indirectly, to any claim by or right of

Subcontractor to or for a stay (automatic or otherwise), limitation, or reduction of Contractor’s rights or remedies against the surety, surety

hereby agrees to subordinate and/or waive such provisions of its indemnity agreement in favor of immediate enforcement of Contractor’s

rights or remedies under its bonds.

22. USE AND OCCUPANCY OF THE WORK. Whenever it may be useful or necessary for Contractor to do so, Contractor shall be

permitted to occupy and use any portion of the Work which has been either partially or fully completed by Subcontractor before final

inspection and acceptance thereof by the Owner, but such use or occupancy shall not relieve Subcontractor of its warranty of its Work and

materials nor of its obligations to protect its Work and to make good, at its own expense, any defect in materials or workmanship which

may occur or develop prior acceptance of the Work by the Owner.

23. OTHER CLAIMS; LIMITATIONS OF ACTIONS. With respect to any Claim of Subcontractor of a type or character not

addressed elsewhere in this Subcontract, or of Contractor against Subcontractor: a) the interpretation of this Subcontract, including any

alleged breach hereof, shall be governed by the laws of the State of Indiana; b) any action at law or equity commenced by Subcontractor

against Contractor or its sureties (unless otherwise provided in the surety’s bond or by statute), or by Contractor against Subcontractor, on

Claims or causes of action arising under this Subcontract, shall be filed, and venue shall lay, exclusively in a court of general jurisdiction

sitting within the State of Indiana and the County of ; c) Subcontractor waives any claim for special, incidental, consequential or

penal damages; d) the parties hereto hereby submit to the jurisdiction of said Court in all such matters; and, e) the Parties hereto hereby

waive the right to trial by jury. In any such action commenced by Subcontractor, it must, as a condition precedent to being granted any

relief or remedy against Contractor or Contractor’s sureties, plead and prove by way of documentation attached to its initial pleading or

18


identified and incorporated therein:

a) that with respect to each separate item of Claim or damage, it has complied with all the notice provisions of this Subcontract

applicable to such item of Claim or damage;

b) that is has in good faith attempted to negotiate a resolution of each separate item of Claim or damage in accordance with

subsection 23.1 below; and

c) that it has in good faith completed the mediation provisions of subsection 23.1 below and the mediator has declared in writing

an impasse or it is otherwise demonstrable that the mediation has failed.

23.1 NEGOTIATION AND MEDIATION. To satisfy the requirement of negotiation herein, each party shall designate a

senior representative to engage in direct negotiation to resolve the dispute, after written notice of the dispute is given by

the complaining party. If, thirty (30) days after such notice is given, the dispute remains unresolved, either party may

demand that the parties participate in non-binding mediation with a neutral third-party mediator selected by the mutual

agreement of the parties or, if the parties fail to so select a mediator within thirty (30) days after such demand, the dispute

shall be submitted to the American Arbitration Association (“AAA”) for mediation under its Construction Industry

Mediation Procedure. Each party shall pay an equal share of the cost of the mediator and any AAA fees. The meditation

will be held in the venue referred to in Section 23 above, unless otherwise agreed by both parties.

23.2 LIMITATIONS OF TIME. No claim, suit, or proceeding (“Action”) shall be maintained by Subcontractor, or anyone claiming

under it, against Contractor upon any Claim arising out of or based on this Subcontract or by reason of any act, omission or requirement

imposed on Contractor unless such Action is commenced within two (2) years after completion of the Subcontractor’s Work, or within

one (1) year after completion of the Project, or within one (1) year after Final Payment has been made by Owner to Contractor, whichever

is earliest.

24. INSPECTION OF RECORDS. At any time up to six years following Owner’s acceptance of the Project, Contractor and the

Owner shall have the right to audit and examine all of Subcontractor’s books, records, documents, schedules, bid estimates, and other data

of Subcontractor relating to bidding, pricing or performance of this Subcontract or any change or modification thereto for any reason

whatsoever. This right shall be in addition to any other discovery or similar rights arising out of litigation, and shall be subject to specific

enforcement and injunctive relief.

25. CUMULATIVE RIGHTS AND REMEDIES OF CONTRACTOR. None of the rights and remedies granted to, conferred

upon, or reserved by Contractor under this Subcontract shall be deemed exclusive or impose any limitations upon, or be in derogation of

any right or remedy of Contractor now existing, or hereafter to exist, at law, in equity or by statute, or in the manner or time for the

exercise thereof; but each and every right and remedy of Contractor under this Subcontract shall be cumulative, and in addition to all other

rights and remedies of Contractor under this Subcontract, now existing or hereafter to exist, at law, in equity, or by statute. Names or

headings of Sections and the location of any clause shall not be construed so as to limit or restrict the purpose or intent thereof.

26. OWNER CONSENT. Where the Prime Contract requires Owner approval of subcontractors, this Subcontract shall be of no force

or effect until the Owner gives its consent and/or approval in writing to subcontracting the Work to Subcontractor unless Owner shall

have waived such requirement.

27. FORM AND MANNER OF NOTICE. Written notice, where required by the terms of this Subcontract, may be accomplished by

either (1) personal service of the notice; or (2) by use of a recognized public overnight courier service, or Express United States mail. The

written notice shall become effective upon receipt by the party being served. Personal service may be made by delivering the notice to the

senior representative of the party at the Project site or to such person at the office address of the party set forth in this Subcontract. Service

by mail, or overnight courier, shall be sent to the party at its office address set forth herein. A party may also serve such notice by

electronic means, provided that such electronic service is immediately, expressly acknowledged and accepted by the other party, or it is

otherwise conclusively provable that such notice was timely received by the other party.

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28. MERGER; NO ORAL MODIFICATION; BINDING EFFECT; NO THIRD PARTY RIGHTS. All prior writings,

representations, negotiations and understandings, if any, with respect to the subject matter, are merged herein. This Subcontract cannot be

modified, nor any term or provision thereof waived, except by written instrument duly signed by the parties or their successors in interest.

This Subcontract shall be binding on and inure to the benefit of the successors and assigns of the parties. Nothing in this Subcontract shall

be construed to create any rights of any kind in or for the benefit of any third-party.

29. SEVERABILITY AND WAIVER. The invalidity of any term or provision of this Subcontract, whether declared invalid by a court

or otherwise, shall not affect the validity of any other term or provision hereof. The failure of the Contractor to enforce any provision of

this Subcontract shall not constitute a waiver of the future enforcement of that provision and shall not constitute a waiver of the

enforcement of any other provision.

IN WITNESS WHEREOF, the parties hereto have duly executed this Subcontract as of the day and year first above written.

CONTRACTOR: SUBCONTRACTOR:

INDUSTRIAL CONTRACTORS SKANSKA INC.

BY: __________________________________ BY: ___________________________________

TITLE: ____________________________ TITLE: __________________________________

DATE: ____________________________ DATE: __________________________________

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ADDITIONAL CONTENTS

APPENDICES:

Appendix A Scope of Work and Contract Price

Appendix B Safety

Appendix C Insurance Requirements

Appendix D Code of Conduct

Appendix E DBE Participation Goals

Additional Appendices: __________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

EXHIBITS

Exhibit A Application for Payment

Exhibit B Partial Release and Partial Waiver of Lien

Exhibit C Full and Final Release and Waiver of Lien

Exhibit D Allowable Costs

Exhibit E Payment Bond

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Exhibit F Performance Bond

Exhibit G I-9 Subcontractor Certification

SCHEDULES

__________________________________________________________

__________________________________________________________

__________________________________________________________

(Subcontractor’s Init.) _______ 1 (Contractor’s Init.) ______

APPENDICES APPENDIX A SCOPE OF WORK AND CONTRACT PRICE APPENDIX B SAFETY APPENDIX C INSURANCE REQUIREMENTS APPENDIX D CODE OF CONDUCT APPENDIX E DBE PARTICIPATION GOALS & REQUIREMENTS ADD’L APPENDIX (To be inserted if required.) FORM A

(Subcontractor’s Init.) _______ 1 (Contractor’s Init.) ______

APPENDIX “A”

Scope of Work and Contract Price The Work shall include, but not limited to providing all work, labor, tools, equipment, materials and services to timely perform and complete the work required by the Prime Contract respecting the following:

COST CODE SPEC SEC DESCRIPTION QTY UM Unit Price TOTAL

TOTAL CONTRACT PRICE: [DOLLAR AMOUNT IN WRITTEN]

The sole Exclusions or Exceptions to the foregoing, if any, are the following: ADDITIONAL PAYMENT TERMS. [Insert any provisions regarding payment which are additional to or at variance with Paragraphs 4.2 or 4.6 of the Subcontract] AGREED TO AND ACCEPTED:

Subcontractor Contractor INDUSTRIAL CONTRACTORS SKANSKA INC. By: _________________________________ By: ___________________________________ (Signature) (Signature) _____________________________________ ________________________________________ Name and Title Name and Title DATE: DATE: _________________________________

(Subcontractor’s Init.) ______ (Contractor’s Init.) ____ 1

APPENDIX “B”

SAFETY Providing a safe work environment – injury free – is the Subcontractor’s number one priority and responsibility. The following Safety requirements are the minimum required for all personnel on this project. They are not intended to be all inclusive. In the case of any conflicts between these requirements and those in either the Prime Contract or the Health and Safety Plan, the most stringent standard applies. The Subcontractor agrees in the performance of this Contract to understand, comply with and enforce the following requirements:

1. All applicable Federal, State, Local or other regulatory agency safety rules including but not limited to the Occupational Safety and Health Act of 1970 and amendments and all applicable Hazardous and Waste Management Regulations.

2. Contractor-established minimum requirements for entering the project site:

a. ANSI approved hard hats.

b. ANSI approved safety eyewear.

c. Leather safety footwear with minimum of 6” ankle foot support. No sneakers or walking shoes

will be allowed.

d. Full Body Harness equipped with a Self Retracting Lifeline (SRL) or with a Fall Restraint Device as per manufacturers instructions shall be used for Fall Protection when working at heights greater than six (6) feet but only if other means of Fall Prevention are not practical.

e. High visibility vests/jackets shall be worn for all project site work activities.

f. Any Project/Owner-Specific requirements (i.e. cut resistant gloves, steel/composite toe caps)

g. Life jackets are mandatory when working on, over or near water

3. New Employee Orientations shall be attended by all on-site employees. Orientations are to be scheduled

with the Site Safety Manager (SSM) one (1) day prior to arrival on site. All individuals must provide an original copy of their OSHA 10hr Construction Outreach Training certification.

4. Subcontractor is required to attend a Safety Kick-off meeting with the project team prior to any work

commencing.

5. Weekly Safety meetings shall be conducted specific to the hazard exposure in each phase of work.

6. Create a work hazard / risk assessment plan for each work activity to be conducted on site. Such plans shall be submitted to the SSM for approval two (2) weeks prior for scheduled work and one (1) day for non scheduled activities complete with any requisite proof task specific safety training. Work shall not commence on any specific work activity until a hazard/ risk assessment has been written for that work activity. The foreman and relevant employees must sign off on the plan before work can commence. A signed off copy must be provided to the Contractor’s project management before work begins.

(Subcontractor’s Init.) _____ 2 (Contractor’s Init.) _____

7. All incidents and injuries shall be immediately reported to the Contractor Superintendent and the Sub- contractor’s Project Supervisor. They shall also be reported immediately to project management. The Subcontractor shall provide a written incident investigation within 24 hours of the incident occurrence.

8. Subcontractors shall report total man-hours for each month along with recordable & lost time incidents.

This report shall be submitted by the 15th of every month or contract payment will be withheld.

9. At least annually, and prior to each demobilization, a copy of the OSHA 300 log shall be provided to the Contractor’s project superintendent and forwarded to the Safety Department.

10. The Subcontractor shall designate a Safety Supervisor for all subcontract work prior to the start of contract

work. A letter and a copy of the individual’s resume showing competence to perform such a role shall be submitted in writing to the project management team for approval.

11. Submit to Contractor material safety data sheets for all materials used.

12. Contractor Site Managers/Supervisors shall have the authority to suspend any activity being conducted that

could endanger the safety and health of any person until the Subcontractor corrects that unsafe or hazardous condition.

13. Subcontractor shall abide by and comply with all sections of Contractor’s site specific Health and Safety

Plan, which by reference herein is made a part of the Subcontract Agreement. Subcontractor is required to develop and submit to Contractor its own site specific Project Safety Plan which is compliant with Contractor’s site specific Health and Safety Plan.

14. Subcontractor is responsible to hold each worker assigned to the project accountable for complying with

the health and safety rules and requirements, regulations, and procedures contained in the site specific Health and Safety Plan. Any employee who does not comply with the site specific Health and Safety Plan is subject to the disciplinary actions detailed in said plan.

15. Violation of these requirements may result in termination of the Subcontract Agreement.

AGREED TO AND ACCEPTED:



APPENDIX “C”

INSURANCE REQUIREMENTS In addition to subcontractor purchasing and maintaining insurance as set forth in prime contract, the subcontractor shall comply with the following: Prior to commencement of any work under this contract and until all obligations under this contract are fulfilled, the Subcontractor and each and every lower tier Subcontractor shall, at its sole expense, maintain the following insurance on its own behalf, and furnish to Industrial Contractors Skanska Inc. hereinafter referred to as "Contractor", certificates of insurance evidencing same and reflecting the effective date of such coverage as follows: The term "Subcontractor" as used in this insurance rider, shall mean and include Subcontractors of every tier. Subcontractor shall, at its own expense, maintain in effect until final completion and acceptance including stipulated warranty period with insurers holding a Best's rating A-, X or better and admitted/licensed in every state where work is performed and through policy forms satisfactory to Contractor, minimum insurances as described below. The ratings for each company must be indicated on the Acord certificate of insurance. Before permitting any lower tier Subcontractor to perform any work under this subcontract and if required by Contractor, Subcontractor shall require that Contractor be furnished satisfactory evidence that the lower tier Subcontractor maintains insurance essentially the same to that required below. All policies must be written by companies approved by Contractor and evidence of such must be delivered to Contractor. Contractor shall be the sole judge of whether the above required insurance is essentially the same. Subcontractor shall procure and maintain the following minimum insurance coverages in addition to any additional insurance policies necessary to obtain required permits or otherwise comply with applicable law, ordinances, or regulations regarding the performance of work: The following limits or specific coverages do not restrict or limit any contractual obligation between the parties as may be defined elsewhere. Contractor's failure to identify insurance deficiencies does not relieve the Subcontractor from any insurance obligations. I) WORKERS’ COMPENSATION AND OCCUPATIONAL DISEASE INSURANCE &

EMPLOYER'S LIABILITY INSURANCE (meeting statutory limits mandated by State and Federal Laws) covering all Subcontractor's employees directly or indirectly engaged in the performance of the subcontract. The latter insurance shall not provide less than $1,000,000 each accident; $1,000,000 for disease each employee and $1,000,000 for disease policy limit, including:

USL&H - 'if any' basis, where applicable.

Jones Act including Transportation, Wages, Maintenance and Cure.– ‘if any’ basis, where

applicable.

Include all states endorsement, where applicable.


Stop Gap Liability if work is performed in the State of Washington, Wyoming, Ohio, North Dakota, or the commonwealth of Puerto Rico. For the attainment of Workers Compensation in monopolistic states and Puerto Rico, coverage must be secured through the state fund of that state.

Certificate must clearly identify that coverage applies in state of operation under this project. Include Notice and Knowledge (Corp. Officer) of Occurrence. Unintentional Errors and Omissions

Leased employees: If subcontractor leases one or more employees through the use of a payroll,

employee management, or other company, subcontractors must directly procure workers compensation insurance. The insurance shall be written on a “Minimum Premium” or “If Any” policy form and will be in addition to the workers compensation coverage provided to and for the leased employees by the payroll, employee management or other company. The payroll, employee management or other company must have their workers’ compensation policy endorsed with the Alternative Employer’s Endorsement (form# WC 00 03 01 A). Subcontractor shall be included in the schedule as an Alternate Employer.

II) DISABILITY INSURANCE: As required by state law III) COMMERCIAL GENERAL LIABILITY:

1. Commercial General Liability ISO Form CG 00 01 Edition 10/01 Occurrence Form or equivalent (identify form # and edition date on certificate).

LIMITS: (Refer to Attached Sample Certificate)

$1,000,000 - Each occurrence for Bodily Injury and Property Damage $2,000,000 - Products, Completed Operations Aggregate Limit $2,000,000 - General Aggregate* Limit (Other than Products/Completed Operations) $1,000,000 - Personal Injury Liability $300,000 – Each occurrence Damage to rented premises $10,000 – Medical Expense, any one person

* General Aggregate MUST include per project endorsement (must evidence on certificate).

Above limits will be revised to coincide with Owner's requirements if necessary, but only to the extent that Owner’s requirements are greater than Contractor’s requirements.

2. The following exclusions are not permitted unless specifically agreed to by Contractor:

Mold EIFS Subsidence Operations (performed within) 50’ of railroad Residential operations Pollution Coverage


If the General Liability policy contains exclusions for these exposures and/or operations a separate policy must be obtained providing coverages for same.

3. Policy coverage terms and conditions to include:

Premises/Operations – Must cover all work to be performed by subcontractor and their subcontractors.

Contractual Liability shall include coverage sufficient to cover all indemnity agreements,

including but not limited to the obligations in this agreement, including defense costs assumed under contract. These defense costs are in addition to limit of liability.

Products/Completed Operations

Broad Form Property Damage including completed operations

Independent Contractors

Supplementary payments in addition to limit of liability

Contractual exclusion pertaining to operations performed within 50' of railroad must be

eliminated

Any deductible clauses, exclusions or special endorsements must be approved by Contractor prior to inclusion

Insuring agreement to read "to pay on behalf of" Severability of interests (cross liability) Coverage shall not include any exclusions unacceptable to the Contractor and Owner Notice and Knowledge (Corp. Officer) of Occurrence Blanket Explosion, Collapse and Underground Property Damage Liability

IV) COMMERCIAL BUSINESS AUTOMOBILE: Commercial Automobile Liability insurance covering all owned, leased and non-owned vehicles with

limits of: $1,000,000 combined single limit per accident for bodily injury and property damage. The policy must include coverage for bodily injury, death, and property damage arising out of ownership, maintenance or use of any motorized vehicle on or off the site of the project, and Contractual Liability coverage. If hauling of hazardous waste is part of the Scope, Automobile Liability Insurance with a $1,000,000 combined single limit per occurrence for bodily injury and property damage applicable to all hazardous waste hauling vehicles, and include MCS 90 endorsement and the ISO Form 9948 (Pollution Liability Broadened Coverage for Business Automobile).

Notice and Knowledge (Corp. Officer) of Occurrence. Unintentional Errors and Omissions

V) POLLUTION LIABILITY INSURANCE:


When applicable, Subcontractor shall furnish evidence that it has provided Pollution Liability Insurance covering all lead, asbestos, mold, any other pollutant and/or toxin and pollution operations with limits not less than $5,000,000* each occurrence combined single limit for bodily injury, property damage and clean-up costs including completed operations (10 year continuation beyond acceptance), broad form contractual (including coverage for third party over claims), and independent contractors coverage. If policy contains a general aggregate, this aggregate must apply on a per project basis, all of which must be evidenced on certificate.

Defense costs must be payable in addition to limit of liability

Any deductibles, clauses, exclusions or special endorsements must be approved by Contractor

prior to inclusion.

Coverage must include on-site, off-site and in-transit exposures.

Policy to read "to pay on behalf of" (in lieu of indemnify).

Must include loading and unloading coverages.

Must be written on occurrence form.

Policy to be submitted to the Contractor for review and approval.

Higher limit to be obtained, if mandated.

VI) PROFESSIONAL LIABILITY: (Contractor to advise if required by addendum.)

If the scope involves professional services, including but not limited to design and/or supervisory responsibilities, Professional Liability Insurance is required covering liability for claims that arise from the negligent errors, omissions or acts of the Subcontractor and its Sub-subcontractors in the provision of professional services. The policy shall include Contractual Liability coverage and be effective (retroactively, if applicable) from the date of commencement of professional activities in connection with the Scope until five (5) years following completion of the Scope. Minimum limits are: (1) Prime Design Professional: $5,000,000 per claim/aggregate; (2) Sub-Design Professional: $2,000,000 per claim/aggregate. A copy of the policy shall be provided to the Contractor.

Coverages shall include:

Contractual Liability coverage included for liability that would have attached in the absence of the contract or agreement

Delays in project completion and cost guarantees are covered Insurance is primary and non-contributory Insuring agreement to read: “to pay on behalf of” in lieu of “to indemnify” Retroactive date: Will apply back to the first date of professional Services No exclusions for construction means, methods, techniques, sequences and procedures.

If there is an exclusion, the general liability policy must be endorsed to include CG 22 79 (7/98).


General Aggregate must apply per project Include waiver of subrogation in accordance with paragraph XIII below Any coverage shall provide for tail coverage extending not less than 6 years following

the end of the policy period or substantial completion of the project, whichever is latest For the purposes of Professional Liability Insurance, the term “Prime Design Professional” means the architect/engineer providing architectural, engineering and/or other professional services under a contract directly with Contractor, and the term “Sub-Design Professional” means any architect/engineer providing architectural, engineering and/or other professional services directly or indirectly to a Prime Design Professional in connection with the Project. A Prime Design Professional is also a Subcontractor and a Sub-Design Professional is also a Sub-subcontractor.

VII) COMMERCIAL UMBRELLA LIABILITY: Commercial Umbrella for bodily injury and property damage liability over Subcontractor’s primary

Employer’s Liability, Commercial General Liability and Commercial Automobile Liability with limits available to the Project in the amount of $5,000,000 each occurrence and aggregate. Higher limits may be required by Contractor or Owner on a project by project basis. All coverages and terms required under the Commercial General Liability, Automobile Liability and Employers Liability (sections I, III and IV above) must be included on the Umbrella Liability policy. Commercial Umbrella Insurance must follow the form of primary insurance coverage required by the subcontract.

VIII) ADDITIONAL INSURED ENDORSEMENTS:

All policies, except Worker’s Compensation shall be endorsed to include Owner and Contractor, their directors, officers, employees, agents, successors, assignees, partners, joint ventures, subsidiaries and affiliates, and any other parties as designated in the contract documents as additional insureds, and shall stipulate that this insurance is primary, that any other insurance or self-insurance maintained by Owner, Contractor or other additional insured shall be excess only and shall not be called upon to contribute with this insurance. Each insurance policy shall not be subject to reduction of coverage as to the owner or the Contractor by reason of any claim asserted against the subcontractor other than in connection with the work. Additional insured coverage shall apply regardless of Subcontractor’s own fault or negligence, or lack thereof, and will not be limited to the additional insured’s vicarious or derivative liability. Under General Liability, ISO CG 2010 (11/85) Contractors Form B or CG 2010 (10/01) plus CG 2037 (10/01) or equivalent must be utilized and accompany the Certificate of Insurance. “Your Work” must be shown on endorsement (“ongoing operations” is unacceptable). Any other restrictive wording is unacceptable, including but not limited to, an exclusion for injury occurring after all work has been completed; an exclusion for that portion of “your work” out of which the injury or damage arises has been put to its intended use; or limiting coverage to “your work” at a designated location. Note: The Contractor, at its option, may require a separate contractor's protective liability policy in

Contractor's name (at Subcontractor's expense). Completed operations exclusion must be deleted. All additional insureds required under GL will be Named Insureds under OCP.

• Subcontractor’s insurance coverage shall be for the full amount of any loss up to the policy(s)

limits of liability and shall not be limited to the minimum insurance requirements of this Subcontract.


• Subcontractor is responsible for notifying its insurance carriers in the event of a loss or potential loss involving coverage for the additional insured’s. However, this does not prohibit any of the additional insured’s from reporting a claim directly to Subcontractors insurance carriers.

IX) EMPLOYMENT RELATED LIABILITY INSURANCE (as required):

Limit: $2,000,000

X) RIGGERS LIABILITY (as required):

When applicable, Subcontractor shall furnish evidence that it has provided Riggers Liability Insurance with a limit equal to the greater of $2,000,000 or an amount sufficient to provide full replacement cost of property in Subcontractor’s care, custody or control.

XI) PROPERTY INSURANCE BY SUBCONTRACTOR:

The Subcontractor shall have sole responsibility to place property insurance coverage for tools and equipment owned, leased or provided by the Subcontractor or its employees. The Subcontractor shall procure and maintain at its own expense property and equipment insurance for portions of the Work stored off the Project or in transit, when such portions of the Work are to be included in Requisition.

XII) APPLICABLE TO ALL INSURANCES: 1. Higher limits required depending upon particulars of each specific contract may be obtained. The above

limits may be written by combination of CGL & Umbrella policies.

2. Policies must include endorsements in acceptable form with provision and certificates must include an insurer obligation to provide sixty (60) days prior written notice of cancellation, material change and non-renewal by certified mail, return receipt requested. Notification must be sent to Contractor.

3. Certificates (and endorsements) as required must be submitted to Contractor prior to commencement of

any work in conformance with the sample certificate of insurance attached.

4. Contractor has the right, but not the duty to receive copies of all insurance policies upon request. Policies shall not contain any exclusions that are unacceptable to Contractor and Owner. If requested by Contractor or Owner, all policies must be certified by an insurance carrier as being true and complete.

5. Contractor must be provided updated renewal certificates and required endorsements as soon as

practicable. Failure of Contractor to request renewal certificates or endorsements does not relieve the Subcontractor from the obligation to maintain such insurances as required herein.

6. Deductibles/Denial of Claims: Subcontractor shall be responsible at no additional cost to Contractor for

the payment of any deductibles or self-insured retention in connection with the insurance coverages required both for itself and all additional insureds. Any self-insured retention or deductible in excess of $25,000 must be declared at the time Subcontractor submits its bid and must be specifically approved by Contractor prior to execution of the Subcontract. Subcontractor shall be responsible for any loss arising out of coverage denial by its insurance carrier.

7. OCIP/CCIP Program: Subcontractor may be required by Contractor to enroll in an Owner Controlled

Insurance Program (OCIP) or Contractor Controlled Insurance Program (CCIP). Subcontractor shall strictly comply with all requirements of the program in which it is required to enroll and the Subcontract


Amount shall be reduced b a deduct change order by the amount included therein by Subcontractor for insurance coverage replaced by the OCIP or CCIP.

8. Owner and Contractor have no obligation for premium payments. Subcontractor acknowledges that any

sums necessary for premium payment related to this subcontract will not be in addition to the price of this subcontract.

9. If at any time during the period of this subcontract, insurance as required is not in effect of proof thereof

is not provided to Contractor, Contractor shall have the option to:

a) direct the Subcontractor to suspend work with no additional cost of extension for time due on account thereof; or

b) treat such failure as a material breach/default as respects the Subcontract.

If subcontracted operations involve….

a) If subcontracted operations involve or are anticipated to involve hazardous operations including, but not limited to lead, pollution or asbestos liability, special insurance must be implemented for same. Subcontractor will be responsible for premium.

b) If subcontracted operations involve or are anticipated to involve aircraft or watercraft

exposures. Subcontractor will be responsible for the insurance and premium.

10. Contractor may, at its option, allocate to Subcontractor its proportionate share of the cost of obtaining Builder's Risk (All Risk) insurance.

11. Claims made policies are not acceptable. (Except Professional Liability)

12. The amount of insurance contained in aforementioned insurance coverages, shall not be construed to be a

limitation of the liability on the part of the Subcontractors or any of their Subcontractors in any tier. 13. Effect of Specified Coverages: In specifying minimum requirements herein, neither Contactor nor

Owner assert or recommend this insurance as adequate to Subcontractor’s/Seller’s requirements. Subcontractor/Seller is solely responsible to inform itself of types of insurance it may need beyond these minimum requirements to protect itself from loss, damage or liability.

14. The Subcontractor shall file certificates of insurance prior to the commencement of work and/or payment

with the Contractor, which shall be subject to the Contractor's approval of adequacy of protection and the satisfactory character of the Insurer.

15. The subcontractor shall immediately notify Contractor within twenty-four (24) hours of all accidents or

occurrences resulting in injury to the subcontractor's employees, or third parties or damage to property of another. The subcontractor shall submit to Contractor a written report (on Contractor’s form if requested). When requested by Contractor, the subcontractor shall furnish Contractor with a copy of any reports prepared for submission to the subcontractor’s insurance company.

16. Severability of Interests (Cross Liability): All insurance required (excluding only Workers Compensation

Insurance and Professional Liability Insurance) shall be endorsed to provide that, inasmuch as the policy is written to cover more than one insured, all terms, conditions, insuring agreements and endorsements,


with the exception of limits of liability, shall operate in the same manner as if there were a separate policy covering each insured. No cross liability exclusion will be accepted.

17. Each insurer providing insurance coverage shall be a licensed admitted insurer authorized to issue such

coverages in each State in which any part of the Scope is performed. The insurer shall be acceptable to Contractor and shall have an AM Best rating of “A-, X” or better

18. Dilution of Limits: For those policies containing an aggregate, as soon as incurred loss activity (paid plus

reserve) depletes the aggregate by 50% or more, written notice must be sent to the Contractor by certified mail return receipt requested.

19. All insurance policies must include a provision that insurance policy limits are not eroded by defense

costs. 20. The failure of the Subcontractor to obtain insurance required by this Subcontract prior to the

commencement of work shall be deemed a waiver of such requirements or any rights and/or remedies that Contractor and/or Owner may have under this Subcontract or the law.

XIII) WAIVER OF SUBROGATION:

All insurance coverages maintained by Subcontractor shall include a waiver of any right of subrogation of the insurers thereunder against Indemnified Parties, Owner, Contractor and Owner’s and Contractor’s other contractors and all of their respective assigns, subsidiaries, affiliates, employees, officers, directors, agents, insurers and underwriters, and of any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any person insured under any such policy (Workers’ Compensation – where permitted). Subcontractor further waives all claims and all rights of subrogation against Owner, Contractor and Owner’s and Contractor’s other contractors and all of their respective assigns, subsidiaries, affiliates, employees, insurers and underwriters for loss of, or damage to, Subcontractor’s Scope, tools, machinery, equipment, materials, supplies, or any other losses within the scope of any insurance maintained by Subcontractor. If any of the indemnified parties is partially or wholly self insured, then the waiver of subrogation shall apply as if they were in fact covered by their own insurance.

AGREED TO AND ACCEPTED:



SAMPLE CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY)

PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

Your Broker Address City, State Zip Code INSURERS AFFORDING COVERAGE

INSURED INSURER A: General Liability Carrier

Sub Contractor’s Name Address City, State Zip Code

INSURER B: Business Automobile Carrier INSURER C: Umbrella Carrier INSURER D: Workers’ Compensation Carrier INSURER E: AX Rating & Admitted/Licensed

COVERAGES

THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INS LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFFECTIVE DATE

(MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

A GENERAL LIABILITY Policy Number ** Per Project Aggregate Endorsement 50’ RR Exclusion Eliminated

EACH OCCURRENCE 1,000,000 X COMMERCIAL GENERAL

LIABILITY DAMAGE TO RENTED PRESISES (Ea occurrence) 300,000

Claims Made X OCCUR MED EXP (Any one person) 10,000

X ISO CG0001 10/01 PERSONAL & ADV INJURY 1,000,000 X Contractual Liability GENERAL AGGREGATE 2,000,000 GEN’L AGGREGATE LIMIT

APPLIES PER: PRODUCTS – COMP/OP AGG 2,000,000 POL-

ICY X PRO- JECT LOC

B AUTOMOBILE LIABILITY Policy Number COMBINED SINGLE LIMIT (Ea accident) 1,000,000 X ANY AUTO

ALL OWNED AUTOS BODILY INJURY (Per accident) SCHEDULED AUTOS

X HIRED AUTOS BODILY INJURY (Per accident) X NON-OWNED AUTOS

PROPERTY DAMAGE (Per accident)

GARAGE LIABILITY AUTO ONLY – EA ACCIDENT ANY AUTO OTHER THAN EA

ACC AUTO ONLY AGG

C EXCESS LIABILITY Policy Number Per Project Endorsement Included

EACH OCCURRENCE 5,000,000 X OCCUR CLAIMS MADE AGGREGATE 5,000,000

DEDUCTIBLE RETENTION D WORKERS’ COMPENSATION &

EMPLOYERS’ LIABILITY Policy Number

Coverage applies in state of operation.

USL&H coverage included where needed.

X WC STATU- TORY LIMITS

Other

E.L. EACH ACCIDENT 1,000,000* E.L. DISEASE – EA EMPLOYEE 1,000,000*

E.L. DISEASE – POLICY LIMIT 1,000,000* OTHER

The coverage provided shall be pursuant to insurance requirements contained in the subcontract.

*Except where unlimited.

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS

All operations performed under Project by or on behalf of Subcontractor (See Attached Descriptions.)

CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: ____ CANCELLATION

Skanska ______________________________ ______________________________ ______________________________

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 60 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT

AUTHORIZED REPRESENTATIVE


DESCRIPTIONS (Continued from Previous Page)

Additional Insureds: The following are included as Additional Insureds, as respects General Liability, Business Automobile, Umbrella Liability and Pollution Liability, if applicable: Owner and Contractor, their directors, officers, employees, subsidiaries and affiliates, and any other parties as designated in the contract documents. Under General Liability, ISO CG 2010 (11/85) Contractors Form B or CG 2010 (10/01) plus CG 2037 (10/01) or equivalent must be utilized and accompany the Certificate of Insurance. “Your Work” must be shown on endorsement (“ongoing operations” is unacceptable). Any other restrictive wording is unacceptable. Primary Insurance: As respects General Liability, Business Automobile, Umbrella Liability and Pollution Liability, if applicable; policies have been endorsed and stipulate that this insurance is primary, for all additional insureds; and any other insurance or self-insurance maintained by Contractor and any other additional Insured, shall be excess only and shall not be called upon to contribute with this insurance. With respect to the Excess Liability Insurance, the following policies are scheduled as primary: General Liability, Automobile Liability, and Employers Liability. Waiver of Subrogation: As respects all policies, Subcontractor and all its insurers agree to waive their rights of recovery (subrogation) against all additional insureds including Contractor, their directors, officers, employees, subsidiaries and affiliates. Cancellation Clause: All policies have been endorsed to provide 60 days prior written notice of cancellation, material change and/or non-renewal by certified mail; return receipt requested, to: Industrial Contractors Skanska Inc. 401 NW First St. Evansville, IN 47708 Attention: Accounts Payable Department


APPENDIX “D”

CODE OF CONDUCT

General Principals: The key responsibility of all Skanska Group companies hereinafter referred to as Skanska, is to develop and maintain an economically sound and prosperous business. Skanska assumes its responsibilities where we have effective control. These include our responsibilities toward the communities and environments in which we operate, toward our employees, business partners and society in general. Therefore we have defined some key foundations for our performance:

We are committed to doing business with a high degree of integrity and ethics. We comply with legal requirements that apply in the countries where we do business. We respect the United Nations Universal Declaration of Human Rights and recognize our

responsibility to observe those rights that apply to our performance toward our employees and the communities in which we operate. This commitment includes activities that relate to the rights and entitlements of Indigenous Peoples.

We are open-minded in dialogue with those who are affected by our operations. We respond to inquiries from external parties and communicate with affected parties in a timely and effective manner.

Within our sphere of influence we endeavor to ensure that in our projects, our suppliers, subcontractors, agents, joint ventures and other partners abide by the principles set out in our Code of Conduct. Employee Relations: A strong and consistent relationship with all employees, built on mutual respect and dignity, is of vital importance to Skanska. Employment conditions offered to employees will at least meet minimum requirements of national legislation and relevant International Labor Organization (ILO) conventions.

We provide a safe and healthy working environment and are committed to continual improvement. We provide equal opportunities to people without regard to race, color, gender, nationality, religion,

ethnic affiliation or other distinguishing characteristics. We do not allow discrimination or harassment.

We provide means for employees and other persons involved with Skanska to report legitimate concerns and grievances in a manner that ensures proper review and action, without retaliation.

We recognize employees’ rights to form or join trade unions in accordance with applicable national laws and principles.

We provide training and education opportunities for employees that support their current and future work plans.

We do not employ any person below the age of 15 or applicable higher legal minimum age. We do not use forced labor, slave labor or other forms of involuntary labor at our work sites. We do

not allow any practice that would restrict free movement of employees. Behavior in Our Marketplace:


Corruption, bribery and unfair anti-competitive actions distort markets and hamper economic, social and democratic development. Skanska does not tolerate such activities.

We shall not act contrary to applicable competition laws. We shall not, directly or indirectly, offer or give any undue payment or other consideration to any

person or entity for the purpose of inducing such person or entity to act contrary to prescribed duties in order to obtain retain or direct business or to secure any other improper advantage in the conduct of Skanska’s business.

We shall not, directly or indirectly, solicit or accept any undue payment or other consideration that is give for the purpose of inducing us to act contrary to prescribed duties.

We record the correct names of all financial transactions by recording them in accordance with locally Accepted Accounting Principles and in all Group reporting follow International Financial Reporting Standards (IFRS) and applicable Skanska Policies and Rules.

We have controls in place in our IT procedures to ensure adequate levels of data protection for our clients.

Safety Health and Environmental Management System (SHEMS): At Skanska, we have striven to be responsible citizens and good neighbors in the communities where we work. Working with companies like yours as our partners, we have sought to be leaders in those communities. In recent years, we have noticed a universal increase in concern for global and local safety and environmental issues. While we have always tried to be a safe and environmentally sensitive General Contractor, we believe we can do more. Therefore, we have taken the additional step of implementing a Safety, Health and Environmental Management System (SHEMS) that is based on the OHSAS-18001 and the ISO-14001 environmental standard provided by the International Organization for Standardization, the same organization that developed the well-known ISO-9000 quality standards. Our plan has been registered with an accredited ISO-14001/OHSAS-18001 Registrar since 1999. Our SHEMS uses a common sense, business approach to safety/environmental issues. To begin with, we can all make a real difference by simply looking for cost-effective, safe and environmentally preferable options for the ways in which we provide goods and services. By thinking about safety and environmental issues as business issues, we will be looking for ways to streamline processes, reduce waste, minimize our legal exposures, and save money. We already have numerous success stories using the tenets of our Safety, Health and Environmental Management System. We hope to pass these successes on to you so that you may receive the same benefit. Our intention in committing to these standards is to make a positive difference for our employees, environment and for future generations. We hope you share our interest in this endeavor and we welcome your comments and suggestions.

(Subcontractor’s Init.) ______ (Contractor’s Init.) ____ 1

APPENDIX“E”

DBEPARTICIPATIONGOALS&REQUIREMENTS

Contractor is dedicated to doing business with a high degree of integrity and ethics in accordance with our Code of Conduct. We are committed to ethical business practices, fair treatment of all employees, the promotion of diversity and equal opportunities and the safety and health of al who work on any Skanska project. We do not tolerate any form of corruption, bribery, unfair or anti-competitive activities, discrimination or harassment. Within our sphere of influence, we endeavor to ensure that our suppliers, subcontractors, agents, joint ventures and other partners abide by the ethical practices that we have established. Contractor is also committed to maximizing opportunities for disadvantaged business enterprises and similarly situated entities (“DBE”)1 on all phases of our projects. Many of our projects have specified goals for participation by DBEs. We have established a program, to ensure compliance with specified goals and with our own policies. As a subcontractor of Contractor, Skanska USA Civil or any of its subsidiaries or affiliates, you acknowledge that you agree and accept your responsibilities to fulfill your share of specified DBE participation goals, comply with the Prime Contract specifications and any and all laws, rules and regulations, and comply with our policies respecting same, and that each of the terms and conditions set forth in this Appendix is a material term and condition of this Subcontract, the breach of which shall be grounds for termination thereof by Contractor. Accordingly, Subcontractor further agrees as follows:

1. Subcontractor shall notify Contractor in writing immediately upon sub-letting any part of the Subcontract Work to, or the purchase of substantial materials or services from, a qualified DBE in connection with this Project, and shall in such notice certify to Contractor the amount of such award or purchase and the percentage by which same satisfies, or exceeds, Subcontractor’s share of the Project’s Prime Contract participation goals. Subcontractor shall provide to Contractor with such notice a copy of said DBE’s qualification certification, and shall be obliged to monitor the status thereof on a monthly basis and to immediately advise Contractor in writing of any change in such certification. Subcontractor shall, by inclusion of similar provisions to this Appendix in its sub-contracts or purchase agreements with others, and such other means and methods as may be reasonable, enforce the provisions thereof and require its subcontractors and suppliers to abide thereby.

2. If Subcontractor is itself a DBE, or if it reasonably knows or should know that Contractor is

awarding the Work based in whole or in part upon its belief that Subcontractor is a DBE:

a. It shall provide to Contractor upon or before signature of this Subcontract a copy of its DBE qualification certification, and shall be obliged to monitor the status thereof on not less than a monthly basis and to immediately advise Contractor in writing of any change in such certification status;

1 The term DBE includes any entity which is certified or whose certification is pending to participate in any program(s) specified in the Prime Contract in furtherance of or pursuant to Title VI of the Civil Rights Act of 1964, as amended, or any State or municipal act of similar purpose, or any rules or regulations promulgated under any thereof.


b. It shall notify Contractor in writing immediately of its intent to sub-let any part of the Subcontract Work to, or to purchase substantial materials or services from, a non-DBE in connection with this Project, and shall in such notice certify to Contractor the amount of such proposed or intended award or purchase; in no case shall it award or make any such subcontract or purchase without Contractor’s express, written consent.

c. It shall freely permit Contractor from time to time to audit Subcontractor’s books and records

during the duration of the Work and for a period of three years following acceptance by Owner of the Work and/or the official termination of any governmental audit, investigation or inquiry, for the purpose of verifying Subcontractor’s bona fide participation and performance of a commercially useful function in connection with the Project Work. Subcontractor shall require any DBE to whom it sublets a portion of the Work to provide in its sub-contract, similar rights to Contractor and Subcontractor.

Signed: _____________ [Subcontractor] _____________________[Contractor]

EXHIBIT “A” Attachment to Subcontract/Purchase Order No. xxxxxx-xxx dated mm dd, year, by and between [insert full legal name of subcontractor/seller] and SKANSKA for [insert description of trade work/goods and services] at [insert project name and location].

Page 1 of 1

SKANSKA STANDARD ESTIMATE FOR PAYMENT, WAIVER AND RELEASE

TO: SKANSKA FROM: Vendor #: (“Subcontractor/Seller”) Address: Project No.: Project Name: Requisition #: Project Site Address: (“Property”) Subcontract or Purchase Order No.: Cost Code #: Period From: To:

STATEMENT OF SUBCONTRACT AMOUNT/PURCHASE ORDER AMOUNT: 1. ORIGINAL CONTRACT SUM $ 2. Net change by Change Order $ 3. CONTRACT SUM TO DATE (Line 1 ± 2) $ 4. TOTAL COMPLETED & STORED TO DATE $ 5. RETAINAGE $ 6. TOTAL EARNED LESS RETAINAGE (Line 4 less Line 5 Total) $ 7. LESS PREVIOUS CERTIFICATES for PAYMENT (line 6 from prior estimate for payment) $ 8. CURRENT PAYMENT DUE $ 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) $ 10. GROSS THIS PERIOD $ 11. RETAINAGE THIS PERIOD $

SKANSKA PROJECT MANAGEMENT APPROVAL

DATE:

ACKNOWLEDGED BY AND AGREED TO by the Subcontractor/Seller, through its authorized Undersigned representative, as of the day of , 20 .

Signed, sworn to and subscribed before the undersigned witness and

notary public: SUBCONTRACTOR/SELLER Signature of Notary Public Name and Title Printed Name/Notary Seal My Commission Expires: Name and Title Printed


EXHIBITS

EXHIBIT A APPLICATION FOR PAYMENT EXHIBIT B PARTIAL RELEASE AND PARTIAL WAIVER OF LIEN EXHIBIT C FULL AND FINAL RELEASE AND WAIVER OF LIEN EXHIBIT D ALLOWABLE COSTS EXHIBIT E PAYMENT BOND EXHIBIT F PERFORMANCE BOND EXHIBIT G I-9 SUBCONTRACTOR CERTIFICTION SCHEDULES (To be inserted if required.)

Form A


EXHIBIT “A”

APPLICATION FOR PAYMENT

[TO BE INSERTED]


EXHIBIT “B”

PARTIAL RELEASE AND PARTIAL WAIVER OF LIEN

[NOTE: N/A IN ALL JURISDICTIONS; USE FORM APPROVED IN YOUR JURISDICTION]

WHEREAS, a Subcontract identified as No.____________ (the “Subcontract”), was entered into on the _____ day of _________, 20___, by ______________ (hereinafter Contractor) having an office at ___________________________, and _________________________ of ______________________, hereinafter referred to as the “Subcontractor”; and WHEREAS, Contractor, had, prior thereto, entered into a contract with _________________________________, hereinafter referred to as the “Owner”, in accordance with and pursuant to a contract known and designated as Contract _____________________________________ (the “Prime Contract”); and WHEREAS, by such Subcontract, Subcontractor and Contractor have agreed that Subcontractor would, for and in the stead of Contractor, fulfill and perform such part of said Prime Contract as is set forth in said Subcontract in consideration for the payment of the amount of $____________ , and in Change Orders numbered _______________ to said Sub- contract in the net amount of $_____________________________, aggregating in all the sum of ____________ DOLLARS ($________). NOW, therefore, Subcontractor, for and in consideration of a payment made herewith in the sum of ________________________________________________ DOLLARS ($_____________), subject to any agreed changes or adjustments in said sum by reason of review between the date of signature of this document and the date of payment, does for itself, its successors, heirs and assignees, hereby state, affirm and agree, with respect to all of such work performed to date and for which payment has been made, except as identified in Paragraph 3 that: 1. All labor employed thereon or in connection therewith and all payroll taxes and charges (such as withholding taxes, social security taxes and worker’s compensation, disability and unemployment taxes and/or insurance premiums) have been paid in full; and 2. All materials, tools, appliances, equipment, supplies and services furnished and used upon or in connection with said work have been paid for in full; and all sales, use, excise and similar taxes on or in connection with the same have been fully paid; and 3. Upon receipt by the undersigned of a check from Contractor in the above amount, or adjusted amount, payable to the undersigned, and when the check has been paid, this document shall become effective to release and forever discharge Contractor and the Owner and their respective officers, directors, agents, servants and employees, and all lands, improvements, chattels, and other real and personal property connected with or a part of said project from any and all claims, demands, liens and claims of lien whatsoever arising out of the performance of all work for which payment has been made which it now has or hereafter might or could have except for the following: (If there are no exceptions, write “None” in the following space: ____________________________________________________________________________________________ _______________________________________________________________________________________________ 4. Except as provided in paragraph 3 above, Subcontractor warrants that it has completed all work performed to date as required under the above-identified Subcontract and all changes and amendments hereto, if any, performed to date; and that it


has complied with all the terms and conditions of said Subcontract; and 5. Subcontractor will, at its sole cost and expense, forever defend and hold harmless Contractor and the Owner from any and all claims and demands and will defend against and obtain the discharge of any and all liens and claims of lien of others arising out of or in connection with said work, including, without limitation, those claimed or asserted by any employee, supplier or subcontractor of the Subcontractor (or by any employee or supplier of any subcontractor of the undersigned) or by any governmental agency or an insurance carrier; and 6. In the event that any of the work performed by the Subcontractor on said project (including the materials used or incorporated therein and the workmanship thereof), is the subject of any guarantee or warranty by the undersigned, the giving of this Release and Waiver of Lien by the undersigned shall not operate in any way to reduce or modify such guarantee or warranty or to release the undersigned therefrom. Subcontractor further agrees that if it hereafter performs any labor or furnished any materials, tools, equipment, supplies or services pursuant to such guarantee or warranty, it will fully pay for the same, will pay any and all taxes and charges in connection therewith and will release, discharge, defend and hold harmless Contractor and the Owner, and the said lands, improvements, chattels and other real and personal property from any and all claims, demands, liens and claims of lien arising in connection therewith all in like manner and to the same extent as is herein provided with respect to labor, materials, etc., heretofore furnished. This Partial Release and Waiver of Lien shall inure to the benefit of Contractor and the Owner and their respective successors and assigns and shall be binding upon the undersigned Subcontractor and its or their successors, heirs and assigns. 7. The work covered by this Partial Release and Partial Wavier of Lien includes all work for which payment has been received. 8. Subcontractor covenants to apply the payment being made pursuant to this Partial Waiver and Release solely to payment for labor, materials, tools, appliances, supplies and equipment furnished or used in connection with its work under the Subcontract until all of the same has been paid in full. Dated this __________ day of _____________, 200__, at ________________.

SUBCONTRACTOR

By: _________________________________ (Name and Title) STATE OF __________________ ) ) ss: COUNTY OF _________________ ) On this ________ day of _____________, 200____, before me personally appeared ________________________, to me personally known and known to me to be the same person described in and who executed the within instrument, consisting of 3 pages, of his own free will and duly acknowledged that he executed the same with full authority to do so.

_________________________________ Notary Public


EXHIBIT “C”

FULL AND FINAL RELEASE

AND WAIVER OF LIEN

[N/A IN ALL JURISDICTIONS; USE FORM APPROVED IN YOUR JURISDICTION] WHEREAS, a Subcontract identified as No.___________ (the “Subcontract”), was entered into on the ______ day of __________, 20___, ___________________(hereinafter referred to as Contractor), having an office at ____________________, and _____________________ of ____________________ hereinafter referred to as the “Subcontractor”; and WHEREAS, Contractor, had, prior thereto, entered into a contract with _________________________________, hereinafter referred to as the “Owner”, in accordance with and pursuant to a contract known and designated as Contract _____________________________________ (the “Prime Contract”); and WHEREAS, the parties, by such Subcontract, have agreed that the Subcontractor would, for and in the stead of Contractor, fulfill and perform such part of said Prime Contract as is set forth in said Subcontract in the amount of $___________, and in Change Orders numbered __________________ to said Subcontract in the net amount of _____________________________________________ Dollars ($___________), aggregating in all the sum of ____________ Dollars ($__________); and WHEREAS, the work under said Subcontract and Change Orders has been fully completed and finally accepted by Contractor and the Owner. NOW, therefore, Subcontractor, for and in consideration of FINAL PAYMENT in the sum of ______________________________________________________________ DOLLARS ($___________), does for itself, its successors, heirs and assignees, hereby state, affirm and agree that, with respect to all of such work: 1. All labor employed thereon or in connection therewith and all payroll taxes and charges (such as withholding taxes, social security taxes and worker’s compensation, disability and unemployment taxes and/or insurance premiums) have been paid in full; and 2. All materials, tools, equipment, supplies and services furnished and used upon or in connection with said work have been paid in full; and all sales, use, excise and similar taxes on or in connection with the same have been fully paid; and 3. Upon receipt by the undersigned of a check from Contractor in the above amount, payable to the undersigned, and when the check has been paid, this document shall become effective to release and forever discharge Contractor, its Surety and the Owner and their respective officers, directors, agents, servants and employees, and all lands, improvements, chattels, and other real and personal property connected with or a part of said project from any and all claims, demands, liens and claims of liens and whatsoever arising out of said Subcontract and/or said work and which it now has or hereafter might or could have except for the following: (If there are no exceptions, write “None” in the following space): _______________________________________________________________________________________________ _______________________________________________________________________________________________ 4. Subcontractor warrants that it has completed all work required under the above-identified Subcontract and all


changes and amendments thereto, if any; and that it has complied with all the terms and conditions of said Subcontract; and 5. Subcontractor will, at Subcontractor’s sole cost and expense, forever defend and hold harmless Contractor, its Surety and the Owner from any and all claims and demands and will defend against and obtain the discharge of any and all claims, demands, actions, damages, losses, costs, expenses, liens and claims of liens of others arising out of or in connection with said work, including, without limitation, those claimed or asserted by any employee, supplier or subcontractor of Sub- contractor (or by any employee or supplier of any subcontractor of the undersigned) or by any governmental agency or an insurance carrier; and 6. In the event that any of the work performed by Subcontractor on said Project (including the materials used or incorporated therein and the workmanship thereof) is the subject of any guarantee or warranty by the undersigned, neither the giving of this Release and Waiver of Lien by the undersigned nor its acceptance by Contractor shall operate in any way to reduce or modify such guarantee or warranty or to release the undersigned therefrom. Subcontractor further agrees that if it hereafter performs any labor or furnishes any materials, tools, equipment, supplies or services pursuant to such guarantee or warranty, it will fully pay for the same, will pay any and all taxes and charges in connection therewith and will release, discharge, defend and hold harmless Contractor and the Owner, and the said lands, improvements, chattels and other real and personal property from any and all claims, demands, liens and claims of liens arising in connection therewith all in like manner and to the same extent as is herein provided with respect to labor, materials, etc., heretofore furnished. This Release and Waiver of Lien shall inure to the benefit of Contractor and the Owner and their respective successors and assigns and shall be binding upon the undersigned Subcontractor and its or their successors, heirs and assigns. 7. Subcontractor covenants to apply the payment being made pursuant to this Final Waiver and Release solely to payment for labor, materials, tools, appliances, supplies and equipment furnished or used in connection with its work under the Subcontract until all of the same has been paid in full. Dated this ______ day of ____________________, 200__, at _________________________________.

SUBCONTRACTOR

BY:_______________________________ (Name and Title) STATE OF _______________) ) ss.: COUNTY OF _____________) On this _______ day of ________________, 200__, before me personally appeared _______________________________, to me personally know and known to me to be the same person described in and who executed the within instrument, consisting of 3 pages, of his own free will and duly acknowledged that he executed the same with full authority to do so. _______________________________ Notary Public My commission expires _______________ (SEAL)


EXHIBIT “D”

ALLOWABLE COSTS

A. For Work Ordered pursuant to Subcontract paragraph 6.1.2:

The following provisions apply equally to sub-subcontractors work:

LABOR: Labor calculated as follows:

a. WAGES: Direct field labor only up to and including the rank of working foreman; b. PAYROLL TAXES: Actual cost. In determining actual costs, the statutory

limitations for FICA, State Unemployment Insurance, and Federal Unemployment Insurance, etc. must be taken into account;

c. FRINGE BENEFITS: Actual cost per collective bargaining agreements; d. INSURANCE: Actual net additional cost of insurance paid as a result of the extra work. There will be no

reimbursement for flat rate policies including, but not limited to auto insurance, etc. EQUIPMENT: Payment for equipment shall be limited to actual working time and limited to the value or rates of equipment used by the Subcontractor of suitable size and capacity required for the work to be performed. In the event the Subcontractor elects to use equipment of greater size, capacity, value or rental value, payment will be made at the rate applicable for suitable equipment.

The rental rates for equipment shall be as follows:

a. OWNED: Rental charged shall be as agreed upon between Contractor and Subcontractor but shall in no case exceed the monthly rates in the then-current edition of the Rental Rate Blue Book, as published by Equipment Watch, located at 181 Metro Drive, San Jose, CA 95110 in use at the physical commencement of the extra work.. The phone number is 800-669-3283.

b. RENTED: Invoice cost provided the Contractor has approved the rates charged in advance.

MATERIAL: Actual net cost less salvage value. The Contractor will be given the benefit of trade discounts. Material charges must be substantiated by paid vendor’s invoices and/or bills of sale. OVERHEAD and PROFIT (combined): Ten Percent (10%) of Labor and Material. However, no overhead and profit will be paid on the premium portion of overtime, nor will overhead or profit be paid on benefits relating to premium time. No overhead or profit will be paid on premium time related to acceleration. No overhead or profit will be added for owned or rented equipment. No additional overhead and profit will be paid for work performed by sub- subcontractors, unless otherwise required by the Federal Acquisition Regulations, in which case sub-subcontractors overhead and profit shall not exceed 5%. GENERAL:

The ten percent (10%) for overhead and profit includes, but is not limited to, home office general and administrative expenses, field supervision including superintendents, timekeeping, engineering, drafting, field office expense, small tools, general purpose equipment with an acquisition cost of less than $500.00, Subcontractor’s Association fees and any other costs not specifically enumerated herein.

Subcontractor will deliver to the Contractor for Contractor's signature a daily time ticket detailing the following:


1. Description: A complete description of the extra work performed on that day. 2. Labor: Hours on the extra work by employee name and specific trade classification.

3. Equipment: Hours on the extra work by individual piece of equipment. This must include an

adequate description including manufacturer, model number, capacity, etc. 4. Material: An adequate description showing the quantity and specific nature of each item of material

furnished or installed as extra work . The Contractor shall be given a suitable credit for the salvage value of the material.

c. The daily time ticket must be delivered to the Contractor not later than noon time on the day following the day on which the extra work was performed. A copy of the daily time ticket must be given to the Project Manager at the time of signing .Failure to strictly adhere to these requirements will result in denial of payment for this work.. Contractor’s signature constitutes verification of time and material only and not of validity for payment.

d. All original invoices for extra work must include the original signed daily time tickets, and copies of Vendors

material backup invoices. All original invoices must be sent to the Project Manager at the jobsite project office.

Where the Contractor directs that any such Work shall be performed pursuant to Unit Prices stipulated in this agreement, such Unit Prices shall govern any and all payment to Subcontractor for such Work, provided, however, that such Unit Prices shall not apply to any units in excess of 115% of the number of units, if any stipulated in the Contract Documents, and any Work in excess of said 115% shall be subject to the terms and provisions set forth hereinabove. Subcontractor shall give advance notice to Contractor of any anticipated excess over-run. Upon such notification, the Contractor and Subcontractor shall negotiate a revised unit price. If the Contractor and Subcontractor cannot agree on a revised unit price, then the work shall be performed on a time and material basis as per above.

B. Delay Damages. Subject to the terms and conditions of Section 13.1 of the Subcontract, Subcontractor’s Delay Damages shall only be allowed: a) for periods of compensable delays which are not concurrent with any non-compensable delays, or with other compensable delays which do not give rise to Delay Damages, and b) for amounts which are actually, reasonably and necessarily incurred and verifiable by appropriate documentation. If Subcontractor claims Delay Damages for delays affecting a Sub-subcontractor, it shall provide as a condition precedent to recovery hereunder proof of a pre-existing liability to that Sub-subcontractor for the Delay Damages claimed.

Delay Damages, subject to the day to day approval of the Contractor for each and every item of cost(s) shall include only the following:

1. Increased wages attributable solely to work being performed by trades in a subsequent, higher wage period. (Specifically excluded are any costs relating to losses of efficiency or productivity of labor or equipment.)

2. Increased field office expenses, limited to on site office facilities (hard-line telephone, electrical, office equipment, sanitary, and heating expense) and clerical staff actually and necessarily employed to perform Work during the period of compensable delay. Costs related to Personal communications


devices are excluded unless specifically otherwise identified and agreed to in advance. 3. Actual extended costs of field supervision incurred solely by reason of and during the period of compensable delay, limited, however, to one superintendent or one “non-working” general foreman, and one “non-working” foreman or sub-foreman, if any.

4. Increased cost, if any, necessarily incurred to purchase materials.

5. Increased cost, if any, incurred to store materials, to the extent that the Subcontractor can demonstrate that such storage is specific to this Project.

6. Extended insurance and bonding costs, if any.

7. With respect to rented equipment that is operating during the period of delay, the lesser of the actual rental

cost or the reasonable rental value.

8. With respect to idle equipment, the lesser of a reasonable rental cost or the cost of transportation to remove and return the equipment to the jobsite.

9. Specifically excluded are any costs of so called extended or increased home office overhead.

10. Recordkeeping shall be in accordance with items b, c and d of the “GENERAL” provisions noted above.


EXHIBIT “E”

PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That

(hereinafter called the “Principal”), as Principal and

a corporation organized and existing under the laws of the State of

(hereinafter called the “Surety”), as Surety, are held and firmly bound unto

(hereinafter called the “Obligee”), in the sum of

Dollars

($ ), for the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Obligee has been awarded a contract (hereinafter called the “Prime Contract”),

by

for

and;

WHEREAS, the Principal has entered into a written Subcontract with the Obligee, dated to perform, as Subcontractor, certain portions of the work in connection with said Prime Contract, consisting of _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ which Subcontract is hereby referred to and made a part hereof.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said Subcontract and any and all modifications of said Subcontract that may hereafter be made, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

The said Surety agrees that no change, extension of time, alteration, addition, omission, or other modification of the terms of either the said Subcontract or the said Prime Contract, or both, or in the said work to be performed, or in the specifications, or in the plans, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such changes, extensions of time, alterations, additions, omissions, and other modifications.


The said Principal and the said Surety agree that this Bond shall inure to the benefit of all persons supplying labor and material in the prosecution of the work provided for in said Subcontract, as well as to the Obligee, and that such persons may maintain independent actions upon this Bond in their own names.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) (Principal) Witness: _____________________________ (Business Address) ________________________ By:___________________________ or Secretary’s Attest (Signature & Title) ______________________________ (Surety) Witness: _____________________________ (Business Address) ________________________ By:___________________________ or Secretary’s Attest (Signature & Title) ______________________________


EXHIBIT “F”

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, That

(hereinafter called the “Principal”), as Principal and

a corporation organized and existing under the laws of the State of

(hereinafter called the “Surety”), as Surety, are held and firmly bound unto

(hereinafter called the “Obligee”), in the sum of

Dollars

($ ), for the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Obligee has been awarded a contract (hereinafter called the “Prime Contract”), by

for

___and;

WHEREAS, the Principal has entered into a written Subcontract with the Obligee, dated ___________ to perform, as Subcontractor, certain portions of the work in connection with said Prime Contract, consisting of which Subcontract is hereby referred to and made a part hereof. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly perform all the undertakings, covenants, terms, conditions, and agreements of said Subcontract within the time provided therein and any extensions thereof that may be granted by the Obligee, and during the life of any guaranty required under said Subcontract, and shall also well and truly perform all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said Subcontract that may hereafter be made, and shall indemnify and save harmless said Obligee of and from any and all loss, damage, and expense, including costs and attorney’s fees, which the said Obligee may sustain by reason of failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The said Surety agrees that no change, extension of time, alteration, addition, omission, or other modification of the terms of either the said Subcontract or the said Prime Contract, or both, or in the said work to be performed, or in the


specifications, or in the plans, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such changes, extensions of time, alterations, additions, omissions, and other modifications. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) (Principal) Witness: _____________________________ (Business Address) ________________________ By:___________________________ or Secretary’s Attest (Signature & Title) ______________________________ (Surety) Witness: _____________________________ (Business Address) ________________________ By:___________________________ or Secretary’s Attest (Signature & Title)


EXHIBIT “G”

I-9 SUBCONTRACTOR CERTIFICATION

FOR THE PERIOD _____ TO _____

(Period to coincide with the Subcontractor’s Certificate of Insurance)

The Subcontractor certifies that, for the workers supplied to ______________________:

1. It has complied with all I-9 requirements, that is has verified the Social Security numbers of all new hires; 2. It has not knowingly employed any illegal aliens; and 3. It will indemnify ________________ for any sanctions imposed for immigration violations.

This is a required condition to receive progress payments. __________________________ Company Name __________________________ Signed By __________________________ Title __________________________ Date


Exhibit “PS-1”

Diversity Enterprise Business (DBE) and Inclusion ProgramSkanska is committed to a 20% goal for minority- owned, women-owned, small and service disabled veteran-owned business enterprises. We are industry leaders in diversity and inclusion because we pursue every project with diversity and inclusion as a standard part of our business. We understand that construction projects bring tremendous value and opportunity to the communities where they are built, and it is our responsibility as construction manager for the Multi-Institutional Academic Health Science and Research Center to ensure diverse business participation and inclusion. Skanska is also responsible for ensuring bid opportunities are fair and equitable for businesses as they pursue work on the Multi-Institutional Academic Health Science and Research Center.

Therefore, Skanska requires subcontractors and suppliers submitting bids to achieve a *”reasonable level of participation” with diverse businesses who are certified as minority- owned, women-owned, and service disabled veteran-owned, and small businesses. Herein these businesses are referred to as Diversity Business Enterprise (DBE).

* “Reasonable level of participation”: The level of participation expected based on the scope of work and the availability of DBE firms providing the goods and services that are being solicited”

Project DBE Goal: 12% MBE; 7% WBE

Certification Agencies:

Indiana Department of Administration:(317) 232-3061; http://www.in.gov/idoa/2352.htm

Mid-States Minority Supplier Development Council (MSDC):Phone: (317) 923-2110; https://www.midstatesmsdc.org/

Women’s Business Enterprise National Council (WBENC):(504) 830-0149; www.wbenc.org

Indiana Department of Transportation (INDOT):(317) 233-4944; http://www.in.gov/indot/2748.htm

Small Business Administration - 8a only (SBA):(317) 226-7272; https://www.sba.gov/offices/district/in/indianapolis

Certifications: WBE/MBE/SDVBE/SBE/VBE

Required DBE Forms:

Report what? Report when?

Exhibit T - Disadvantaged Enterprises Participation Requirements Included in contract

Exhibit T-1 - Subcontractor’s Participation Plan Submit with bid

Exhibit T-2 - Subcontractor’s Utilization Report Submit with each monthly estimate for payment

Exhibit T-3 - Disadvantaged Enterprise Affidavit Submit with first estimate for payment that includes amounts payable to DBE

DBE Compliance ChecklistSkanska’s DBE and Inclusion Program may claim DBE credit only for subcontractors that perform a “commercially useful function (CUF)”. Bidders are required to review the DBE Compliance Checklist to ensure that the work listed on their bid for DBE participation is compliant with Skanska’s DBE and Inclusion Program.

Diversity and Inclusion Awareness TrainingUpon request subcontractors may be required to attend Skanska’s one hour Diversity and Inclusion Awareness Training.

Subcontractor DBE Compliance Checklist and Exhibit T, T-1, T-2 and T-3 follow:

EXHIBIT “T”

Attachment to Subcontract/Purchase Order No. xxxxxx-xxx dated mm dd, year, by

and between [insert full legal name of subcontractor/supplier] and SKANSKA USA

BUILDING INC. for [insert trade work] at [Multi-Institutional Academic Health

Science and Research Center].

Page 1 of 3

Standard Disadvantaged Enterprises Participation Requirements

(12/2014 ed. Rev. 0)

DISADVANTAGED ENTERPRISES PARTICIPATION REQUIREMENTS

Note: If this Exhibit is annexed to a Purchase Order, the term “Subcontract” means the Purchase Order, the term

“Contractor” means Buyer, the term “Subcontractor” means Seller, the term “Sub-subcontractors” means Sub-suppliers

and the term “Work” means the Goods and Services, each as defined in the Purchase Order terms and conditions.

1. Owner’s Program. As set forth in the Owner Contract and any related program

rules incorporated therein by reference or by Applicable

Law (“Owner’s Program”), Contractor and its

Subcontractors are required to make good faith efforts to

meet or exceed Owner established Project hiring goals with

persons or firms that have been duly certified as

disadvantaged business enterprises (“DBEs”), historically

underutilized business enterprises (“HUBs”), local

business/based enterprises (“LBEs”), minority business

enterprises (“MBEs”), small business enterprises (“SBEs”),

women owned business enterprises (“WBEs”), or other

eligible certified business enterprises (“Other Enterprises”)

(referred to collectively as “Disadvantaged Enterprises”).

2. Participation Goals. Subcontractor acknowledges that the Owner has established

hiring goals for this Project. In support of Contactor’s

efforts to reach those goals, Subcontractor shall, consistent

with the requirements of the Owner’s Program, make good

faith efforts to meet or exceed the following goals as a

percentage of the value of its Subcontract amount for this

Project (hereinafter “Subcontractor’s Participation Goal”):

____ % DBE ______% HUB

_______ % LBE ___12_% MBE

_______ % SBE __7__% WBE

Other Enterprises:

______% [insert enterprise designation]

______% [insert enterprise designation]

If the Subcontract amount is increased as a result of change

orders, Subcontractor shall use good faith efforts to achieve

a commensurate increase in Subcontractor’s Participation

Goal for the Project.

Subcontractor shall take reasonable steps to ensure that

qualified and certified Disadvantaged Enterprises are

provided opportunities to compete for work under this

Subcontract. Subcontractor shall carry out all requirements

of Applicable Law in the award, administration and

participation of certified Disadvantaged Enterprises to

achieve the Subcontractor's Participation Goal. Contractor

shall have the right to disqualify a Subcontractor proposed

Disadvantaged Enterprise from Subcontractor’s

Participation Goal if, in Contractor’s judgment, the

Disadvantaged Enterprise would not qualify for credits

under the Owner’s Program. In such event, Subcontractor

shall be required to make alternative arrangements to meet

Subcontractor’s Participation Goal.

3. Liquidated Damages.

The Owner Contract provides for potential liquidated

damages with respect to failure to achieve the Owner’s

hiring goals:

Yes

X No

Insofar as the Owner Contract provides for potential

liquidated damages with respect to a failure to achieve the

Owner’s hiring goals for this Project, the Owner may assess

liquidated damages against Contractor.

In such event, Subcontractor shall, on the same basis, be

liable to Contractor for any such liquidated damages

assessed against Contractor that are attributable to

Subcontractor or anyone for whom Subcontractor is

responsible, and such liability shall be without prejudice to

any other remedies available to Contractor under the terms

of this Subcontract, at law or in equity.

4. Subcontractor’s Participation Plan.

Attached hereto as Exhibit T-1 is Subcontractor’s plan for

meeting Subcontractor’s Participation Goal

(“Subcontractor’s Participation Plan”), which identifies, to

the extent known, the certified Disadvantaged Enterprises

that Subcontractor plans to engage to satisfy

Subcontractor’s Participation Goal, and which includes a

copy of each identified Disadvantaged Enterprise’s

certification. Subcontractor warrants that each

Disadvantaged Enterprise listed in Subcontractor’s Plan is

certified by the Owner or appropriate agency as of the

execution date of this Subcontract. Throughout the course

of the Project and whenever requested by Contractor in

writing, Subcontractor shall update the Subcontractor’s

Participation Plan, demonstrating the level of

Disadvantaged Enterprise participation necessary to

EXHIBIT “T”

Attachment to Subcontract/Purchase Order No. xxxxxx-xxx dated mm dd, year, by and

between [insert full legal name of subcontractor/supplier] and SKANSKA USA BUILDING

INC. for [insert trade work] at [Multi-Institutional Academic Health Science and Research

Center].

Page 2 of 3


(12/2014 ed. Rev. 0)

achieve Subcontractor’s Participation Goal. Subcontractor

represents with respect to each Disadvantaged Enterprise

listed in its Subcontractor’s Participation Plan that:

(a) based on information known to Subcontractor

after reasonable inquiry, Subcontractor believes the person

or business entity listed to be a bona fide Disadvantaged

Enterprise within the meaning of the Owner’s Program that

is independently, technically and financially qualified to

perform the scope of work or services specified in

Subcontractor’s Participation Plan; and,

(b) Subcontractor will enter into a written agreement

with the Disadvantaged Enterprise or with an approved

substitute (see Article 7 of this Exhibit for procedures to

make changes to Subcontractor’s Plan), subject to the terms

and conditions of the Subcontract for the work described in

Subcontractor’s Participation Plan.

5. Procedure for Changes to Subcontractor’s Plan

and/or Utilization Reports.

Subcontractor agrees that it will make no changes to

Subcontractor’s Participation Plan nor terminate an

agreement with a Disadvantaged Enterprise identified in

Subcontractor’s Participation Plan or Utilization Reports

without delivering written notice to Contractor at least five

(5) calendar days in advance. Should a Disadvantaged

Enterprise fail to complete its work for any reason,

Subcontractor must make good faith efforts to secure a

replacement Disadvantaged Enterprise to attain the same

type and amount of participation credit.

6. Utilization Reports and Affidavits.

Subcontractor shall submit to Contractor with each monthly

estimate for payment a written utilization report (the

“Utilization Report”) in the form annexed hereto as Exhibit

T-2, listing all lower-tier Disadvantaged Enterprises for

which Subcontractor is seeking payment and identifying its

progress towards meeting Subcontractor’s Participation

Goal.

In addition, Subcontractor shall furnish to Contractor a

Disadvantaged Enterprise Affidavit (“Affidavit”) in the

form annexed hereto as Exhibit T-3 signed by each

Disadvantaged Enterprise for which Subcontractor is

claiming participation credit in any utilization report. The

Affidavit shall be submitted by Subcontractor with the first

estimate for payment that includes amounts payable to the

Disadvantaged Enterprise. Subcontractor acknowledges

that Contractor may withhold amounts allocable to the

Disadvantaged Enterprise in said estimate for payment and

any subsequent estimates for payment until such time as

Subcontractor submits the Affidavit on behalf of the

Disadvantaged Business Enterprise.

Subcontractor acknowledges that Contractor shall have the

right to verify Subcontractor’s payments to lower tier

Disadvantaged Enterprises identified in Subcontractor’s

Utilization Reports in order to track progress toward

achievement of Subcontractor’s Participation Goal.

Subcontractor understands that Contractor is relying upon

the information contained in Subcontractor’s Participation

Plan, Utilization Reports and Affidavits. By submitting

each Participation Plan, Utilization Report, and Affidavit,

Subcontractor and each Disadvantaged Enterprise, as

applicable, certifies that the information contained therein

is current, full, truthful, accurate and complete to the best

of the Subcontractor’s knowledge, information and belief,

and further represents and warrants to Contractor that it is

in compliance with Applicable Law and Owner’s Program.

Subcontractor shall promptly notify Contractor should there

be any material change to the Participation Plan, Utilization

Reports or Affidavits submitted. The making of false

statements and/or submission of incorrect information to

Contractor in any of said documents constitutes a material

breach of this Subcontract, which, at the option of

Contractor, shall subject Subcontractor to the default and

termination provisions of this Subcontract and any other

remedies available to Contractor under the terms of this

Subcontract, at law, or in equity.

7. Participation Shortfall and Good Faith Efforts.

Subcontractor acknowledges that it must meet or exceed

Subcontractor’s Participation Goal or, if it fails to do so,

furnish to Contractor and Owner documentation

demonstrating that Subcontractor has made satisfactory

good faith efforts to meet Subcontractor’s Participation

Goal. If Subcontractor is unable to identify a

Disadvantaged Enterprise to perform a specific scope of

work in furtherance of meeting Subcontractor’s

Participation Goal, Subcontractor shall notify Contractor in

writing immediately so that Contractor may, if appropriate,

request a waiver from the Owner for the portion of

Subcontractor’s Participation Goal allocable to that scope.

In such event, Subcontractor shall promptly furnish

Contractor with documentation demonstrating its good faith

efforts with respect to the scope of work that is the subject

of the requested waiver.

8. Subcontractor’s Compliance.

Subcontractor shall comply with all Applicable Laws,

including but not limited to those relating to the Owner’s

Program, and whether or not provided for by the Plans,

Specifications, General Conditions, or other Contract

Documents. Subcontractor shall remedy any violations or

instances of non-compliance at its own expense, and shall,

upon written demand by Contractor, furnish such evidence

EXHIBIT “T”

Attachment to Subcontract/Purchase Order No. xxxxxx-xxx dated mm dd, year, by and

between [insert full legal name of subcontractor/supplier] and SKANSKA USA BUILDING

INC. for [insert trade work] at [Multi-Institutional Academic Health Science and Research

Center].

Page 3 of 3


(12/2014 ed. Rev. 0)

as Contractor or Owner may require demonstrating that

such violation or non-compliance has been remedied.

Subcontractor agrees that Contractor has the right, at no

additional cost to Contractor, to direct Subcontractor to

take necessary corrective and remedial actions.


Exhibit T-1

Subcontractor's Participation Plan

Project Name:Multi-Institutional Academic Health

Science and Research Center Reporting Period: 0/0/0

Subcontractor Name: Current Contract Value: $0

Subcontract no.:

Subcontract for:Combined Goal: 20.0% (%) $0 ($)

Report prepared by: Projected Amount: 0.0% (%) $0 ($)

Contact name: Approved Waivers (Yes/No)? (If "Yes," explain below)

Disadvantaged Enterprise Name Scope of Work

Tier Level

[Drop-

down]

Certification

Agency

[Drop-down]

Projected Contract

Amount

Projected

%

Committed

Contract Amount

Committed

%

Select Select $0 #DIV/0! $0 #DIV/0!












Totals $0 $0

Committed AmountsInput % Amount % Amount % Amount

MBE 12.0% $0 #DIV/0! $0 #DIV/0! $0

WBE 7.0% $0 #DIV/0! $0 #DIV/0! $0

SBE $0 #DIV/0! $0 #DIV/0! $0

Veteran $0 #DIV/0! $0 #DIV/0! $0

Veteran Disabled $0 #DIV/0! $0 #DIV/0! $0

Indian $0 #DIV/0! $0 #DIV/0! $0

Select

Participation GoalsCategory

Projected AmountsSummary

Certification

[Drop-down]

Select

Select

Select

Select

Select

Select

Select

Select

Select

Select

Select

(Exhibit T-1, 03.2015 ed. Rev.1 )

laurel.jones

Typewritten Text

(Native Excel File EXHIBIT T-1 is included in the Bid Document Posting)


Exhibit T-2

Subcontractor's Utilization Report

Project Name:Multi-Institutional Academic Health

Science and Research Center Reporting Period: 0/0/0

Subcontractor Name: Current Contract Value: $0

Subcontract no.:

Subcontract for:

Combined Goal: 20.0% (%) $0

Report prepared by: Committed Amount: #DIV/0! $0

Contact name: Actual Amount: #DIV/0! $0

Disadvantaged Enterprise Name Scope of Work

Tier Level

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down]

Committed

Contract Amount

Committed

%

Actual Paid to Date

AmountActual %

Amount of Current

Payment Request

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Select $0 #DIV/0! $0 #DIV/0! $0

Select $0 #DIV/0! $0 #DIV/0! $0

Select $0 #DIV/0! $0 #DIV/0! $0

Select $0 #DIV/0! $0 #DIV/0! $0

Select $0 #DIV/0! $0 #DIV/0! $0

Select $0 #DIV/0! $0 #DIV/0! $0

Select $0 #DIV/0! $0 #DIV/0! $0

Totals $0 $0 $0

Input % Amount % Amount % Amount

MBE 12.00% $0 #DIV/0! $0 #DIV/0! $0

WBE 7.00% $0 #DIV/0! $0 #DIV/0! $0

SBE 0.00% $0 #DIV/0! $0 #DIV/0! $0

Veteran 0.00% $0 #DIV/0! $0 #DIV/0! $0

Veteran Disabled 0.00% $0 #DIV/0! $0 #DIV/0! $0

Indian 0.00% $0 #DIV/0! $0 #DIV/0! $0

Totals $0 $0

OK OK

Certification: I, _______________________________, an Officer of Subcontractor, hereby certify that I have supplied current, full, truthful,

accurate and complete responses to each item in this form on behalf of Subcontractor to the best of my knowledge, information and belief.

Subcontractor and I understand that Contractor will rely on the information supplied in this form for participation in the Owner’s Diversity

Hiring Program for the Project. This form must be signed by an Officer of the Company.

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Summary

CategoryParticipation Goals Committed Amounts Actual Payments

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Certification

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Signed, sworn to and subscribed before the undersigned witness and

notary public:

SUBCONTRACTOR/SELLER

Signature of Notary Public

Signature

Printed Name/Notary Seal My Commission Expires:

Name and Title Printed

(Exhibit T-2, 03.2015 ed. Rev. 1)

EXHIBIT “T-3”





Page 1 of 2

Standard Disadvantaged Enterprise Affidavit

(12/2014 ed. Rev. 0)

DISADVANTAGED ENTERPRISE AFFIDAVIT Consistent with the Contractor’s Disadvantaged Enterprises Participation Requirements for the above-referenced

Project, this Disadvantaged Enterprise Affidavit (hereinafter “Affidavit”) is required to be completed by every

Disadvantaged Enterprise (as defined in Exhibit “T” of the Subcontract/Purchase Order) for which participation credit

is being claimed under the Owner’s Program for this Project. This Affidavit must be signed by an authorized officer of

the Disadvantaged Enterprise, notarized, and then included ONLY with the first estimate for payment or invoice

submitted to the Contractor by the Subcontractor/Seller that includes amounts allocable to the Disadvantaged

Enterprise. Contractor may withhold amounts allocable to the Disadvantaged Enterprise under the first estimate for

payment or invoice (or any subsequent estimate for payment or invoice) until this Affidavit is received by Contractor.

Enterprise Name: __________________________________________ (hereinafter the “Enterprise”)

Enterprise Phone: ________________________

Enterprise Address: _________________________________________

Email Address for Contact Person: _____________________________

I, _____________________________, being duly sworn, am employed by the aforementioned Enterprise as

___________________________ (title) for the Enterprise and depose and say:

1. As of the date of this Affidavit, the Enterprise holds the following valid and current certifications for which

utilization credit is being claimed under the Owner’s Program for this Project (circle all that apply):

DBE HUB LBE MBE SBE WBE Other: ______

2. For each certification identified above, identify the name of the certifying agency:

____ ________________________________

____ ________________________________

____ ________________________________

3. For each certification identified above, attached hereto are true and accurate copies of documents issued by the

certifying agency confirming said certification. (attached documents)

4. Have you ever been de-certified? (circle one)

a. Yes b. No

If the answer to this question is “Yes”, please attach a written explanation of the change in status and identify the

date on which the Enterprise ceased to be certified.

5. Does the Enterprise intend to subcontract or in any other way use another entity (“Other Entity”) to perform any

portion of the Enterprise’s work on this Project? (circle one)

a. Yes b. No

If the answer to this question is “Yes”, please attach the following information:

i. Name of the Other Entity;

EXHIBIT “T-3”





Page 2 of 2

Standard Disadvantaged Enterprise Affidavit

(12/2014 ed. Rev. 0)

ii. Comprehensive description of the work the Other Entity will perform;

iii. Exact dollar value of the Other Entity's work;

iv. Explanation of the reason the Enterprise will not perform the work;

v. State whether the Enterprise notified Subcontractor and Contractor of its intention to engage Other

Entity for this work and if so provide a copy of such notification;

vi. State whether and explain to what extent there is any relationship between the Enterprise and the

Other Entity; such as an ownership interest, shared facilities, employees or equipment; and,

vii. Provide a copy of the agreement between the Enterprise and the Other Entity for this work.

6. Is the Enterprise compliant with all Applicable Laws, including those but not limited to those relating to the

Owner’s Program, as of the date of the execution of this Affidavit? (circle one)

a. Yes b. No

7. Enterprise agrees that, if any of the Enterprise’s circumstances materially change causing modifications to any

answers provided in this form, then the Enterprise has an affirmative duty and must immediately notify the

Subcontractor with whom the Enterprise is contracted and the Contractor, in writing, at the time such information

changes. Such updated information shall be certified by the Enterprise as current, full, accurate and complete

when submitted.

I, an Officer of the Enterprise, hereby certify that I have supplied current, full, truthful, accurate and complete

responses to each item in this form on behalf of the Enterprise to the best of my knowledge, information and belief.

The Enterprise and I understand that both the Subcontractor with whom the Enterprise is contracted and the Contractor

will rely upon the information supplied in this Affidavit in claiming Disadvantaged Enterprise participation credit

under the Owner’s Program for the Project.

Signature: _________________________________________________

Printed Name: ______________________________________________

Officer Title: _______________________________________________

Date: _________________

Sworn to before me this ___ day of _____________ 20____.

___________________________

NOTARY PUBLIC

Code of Conduct

Employee Relations

A strong and consistent relationship with all employees, built on mutual respect and dignity, is of vital importance to Skanska. Employment conditions offered to employees will at least meet minimum requirements of national legislation and relevant ILO conventions.

• Weprovideasafeandhealthyworkingenvironmentandarecommittedtocontinualimprovement.

• Weprovideequalopportunitiestopeoplewithoutregardtorace,color,gender,nationality,religion,ethnicaffiliationorotherdistinguishingcharacteristics.Wedonotallowdiscriminationorharassment.

• WeprovidemeansforemployeesandotherpersonsinvolvedwithSkanskatoreportlegitimateconcernsandgrievancesinamannerthatensuresproperreviewandaction,withoutretaliation.

• Werecognizeemployees’rightstoformorjointradeunionsinaccordancewithapplicablenationallawsandprinciples.

• Weprovidetrainingandeducationopportunitiesforemployeesthatsupporttheircurrentandfutureworkplans.

• Wedonotemployanypersonbelowtheageof15orapplicablehigherlegalminimumage.

• Wedonotuseforcedlabor,slavelabororotherformsofinvoluntarylaboratourworksites.Wedonotallowanypracticethatwouldrestrictfreemovementofemployees.

General Principles

The key responsibility of all Skanska Group companies, hereinafter referred to as Skanska, is to develop and maintain an economically sound and prosperous business. Skanska assumes its responsibilities where we have effective control. These include our responsibilities toward the communities and environments in which we operate, toward our employees, business partners and society in general. Therefore we have defined some key foundations for our performance:

• Wearecommittedtodoingbusinesswithahighdegreeofintegrityandethics.

• Wecomplywithlegalrequirementsthatapplyinthecountrieswherewedobusiness.

• WerespecttheUnitedNationsUniversalDeclarationofHumanRightsandrecognizeourresponsibilitytoobservethoserightsthatapplytoourperformancetowardouremployeesandthecommunitiesinwhichweoperate.ThiscommitmentincludesactivitiesthatrelatetotherightsandentitlementsofIndigenousPeoples.

• Weareopen-mindedindialoguewiththosewhoareaffectedbyouroperations.Werespondtoinquiriesfromexternalpartiesandcommunicatewithaffectedpartiesinatimelyandeffectivemanner.

Withinoursphereofinfluenceweendeavortoensurethatinourprojects,oursuppliers,subcontractors,agents,jointventuresandotherpartnersabidebytheprinciplessetoutinourCodeofConduct.

Code of Conduct

Behavior in Our Marketplace

Corruption, bribery and unfair anti-competitive actions distort markets and hamper economic, social and democratic development. Skanska does not tolerate such activities.

• Weshallnotactcontrarytoapplicablecompetitionlaws.

• Weshallnot,directlyorindirectly,offerorgiveanyunduepaymentorotherconsiderationtoanypersonorentityforthepurposeofinducingsuchpersonorentitytoactcontrarytoprescribeddutiesinordertoobtain,retainordirectbusinessortosecureanyotherimproperadvantageintheconductofSkanska’sbusiness.

• Weshallnot,directlyorindirectly,solicitoracceptanyunduepaymentorotherconsiderationthatisgivenforthepurposeofinducingustoactcontrarytoprescribedduties.

• WerecordthecorrectnatureofallfinancialtransactionsbyrecordingtheminaccordancewithlocallyAcceptedAccountingPrinciplesandinallGroupreportingfollowInternationalFinancialReportingStandards(IFRS)andapplicableSkanskaPoliciesandRules.

• WehavecontrolsinplaceinourITprocedurestoensureadequatelevelsofdataprotectionforourclients.

Environment

Based on the strong belief that project development and construction related services can make a major contribution to a more sustainable world, Skanska is committed to proactive environmental management at all levels.

• Wemaintainorganizationalstructures,managementsystems,proceduresandtrainingplansthatasaminimumensurecompliancewithallrelevantlaws,regulationsandstandards.

• OurEnvironmentalManagementSystemiscertifiedinaccordancewithISO14001.Sincelinemanagementisresponsibleforourenvironmentalperformance,itisintegratedintocorebusinessprocessesandplans.

• Inaspiritofcontinualimprovement,weinvolveourworkforceintheprocessofenvironmentalmanagementincludingsubcontractors,partnersandotherinterestedparties.

• Ourambitionistocontinuallyimprovetheenviron-mentalcredentialsofourprojects,productsandservicesbyactivelylookingforwaystoreducenegativeenvironmentalimpactsduringtheirentirelifecycle.

ApprovedbytheBoardofDirectorsofSkanskaAB(publ)September10,2008

JohanKarlströmPresident and CEO

Skanska AB (publ)www.skanska.com

Solna, Sweden+46 10 448 00 [email protected]

Produ

ced by Skanska A

B, 2009