347-24 RFP - 2024 CDBG Responses.pdf

9.2.3. Automobile Liability coverage for Contractor owned and non- owned vehicles utilized in performance of the Contract Activity, meeting statutofily required coverage, and with policy limits not less than one million dollars ($1,000,000) each accident for bodily injury, death of any person and property damage. 9.2.4. Commercial General Liability coverage with policy limits of not less than one million dollars ($1,000,000) each occurrence and three million dollars ($3,000,000) in the aggregate for bodily injury and property damage, and which includes the following features: 9.2.4.4 Explosion, Collapse and Underground coverage, whenever such would apply to the Contractor Activity; 9.2.4.b. Pollution Liability coverage, whenever such would apply to the Contractor Activity; 9.2.4.c, Contractual Liability coverage sufficient to insure the indemnity required by 7.4. below; and 9.2.4.4. Additional Insured coverage for H2M, by endorsement using ISO Form CG 20 32 04 13, specifying each of the entities listed in 3.2. above, as well as all of their directors, officers and employees. 9.2.5. Professional Liability coverage, whenever such would apply to the Contractor Activity, for negligent acts, errors and omissions in the performance of professional services with policy limits of not less than one milion dollars ($1,000,000) per claim and one million dollars ($1,000,000) in the aggregate. 9.3. Contractor's Indemnity. Client shall require each of its Contractors to agree, via a written contract executed prior to commencing any Contractor Activity, to defend and indemnify the Client and the “H2M Indemnitees” (including each of the entities listed in 3.2. above, as well as all of their directors, officers, employees, consultants and agents) against all claims, liabilities and costs arising, or alleged to arise, from the negligence of the Contractor (including its owners, directors, employees, contractors and any others for whom the Contractor is legally responsible) in its Contractor Activity or any of its other activities (Ver 210520) concerning the Project or Site. This obligation does not apply to such claims, liabilities and costs that are caused by the sole negligence of the H2M Indemnitee itself. 9.4. Cost Opinions. Any opinion of cost that H2M prepares is merely an estimate supplied for the Client's general guidance. H2M has no control over variations

negligence of the H2M Indemnitee itself. 9.4. Cost Opinions. Any opinion of cost that H2M prepares is merely an estimate supplied for the Client's general guidance. H2M has no control over variations in market conditions, suppliers’ or contractors’ bidding strategies, nor the impacts that these and other variables have ‘on the actual cost of labor and materials. Therefore, H2M cannot guarantee the level of accuracy of any such estimates. lf greater accuracy is required, the Client shall separately engage an independent cost estimator. 9.5. Bid Process. If H2M is to participate in Contractor bid process, Client shall provide H2M with standard bid documents required and advertise for proposals from bidders, open the proposals at the appointed time and place and pay costs incident thereto. The Client shall hold all required special meetings, serve all required public and private notices, receive and act upon all protests and fulfill all requirements necessary in the development of the contracts and pay all costs including application and permit fees incident thereto. 9.6. Construction Observation Services. If the Services include H2M providing construction observation services, H2M shall provide such services over a period defined in, and on a frequency defined in the proposal. Regardless of the required frequency, H2M shall observe the Contractors’ work only for general conformance with the plans and specifications. Such Services do not include any obligation to review any Contractors’ construction means, methods, techniques, sequences or procedures, or any safety precautions and programs in connection with the Project or Site. H2M is not responsible for any Contractors’ failure to carry out its work in accordance with the construction contracts. If the construction schedule is extended for any reason (except due to H2M's ‘own negligence) H2M shall be entitled to payment for its extended effort as additional services pursuant to 4.1. above, regardless of whether Client seeks reimbursement from the responsible party. Accepted and Agreed Client | Township of West Orange, New Jersey H2M H2M Associates, Inc. Signature Signature By: Name By: Name | Charles A Martello, P.E., LSRP Title Title | Senior Vice President Date Date Page 4 of 4