PNC MASTER CONSTRUCTION AGREEMENT

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1 PNC Realty Services Two PNC Plaza, 19 th Floor 620 Liberty Avenue Pittsburgh, PA PH: FX: PNC MASTER CONSTRUCTION AGREEMENT AIA A101 Form of Agreement for General Construction Services: for project work authorizations issued by PNC to Contractor where the form of work is a General Contractor, Lump Sum. AIA A133 Form of Agreement for Construction Management Services : for project work authorizations issued by PNC to Contractor where the form of work is a Construction Management GMP (Guaranteed Maximum Price) format. AIA A201 General Conditions : establishes general conditions for all projects performed under the Master Agreement. ATTACHMENT 1: SAMPLE WORK AUTHORIZATION for General Contracting Projects: issued by PNC to awarded General Contractor where the form of work is General Construction, Lump Sum. The Work Authorization will link the work back to the Master Agreement terms and conditions and establish the lump sum price, project specific contract documents and schedule. ATTACHMENT 1a: SAMPLE WORK AUTHORIZATION for Construction Management Projects: issued by PNC to Contractor where the form of project work is a Construction Management GMP arrangement.. This Work Authorization will link the work back to the Master Agreement terms and conditions and establish the basic CM Fee, General Conditions and any preconstruction services. It is always used in conjunction with Attachment No 2. ATTACHMENT 2: SAMPLE GMP AMENDMENT (For CM projects only) for project work authorizations issued by PNC to Contractor where the form of work is a Construction Management GMP arrangement. This Amendment will establish the cost of work, Guaranteed Maximum Price, project specific contract documents, schedule and link those back to the Master Agreement terms and conditions. EXHIBIT C: CONTRACTOR LIABILITY INSURANCE REQUIREMENTS EXHIBIT D: PNC DRUG-FREE WORKPLACE STATEMENT EXHIBIT E: DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION EXHIBIT G: CONTRACTOR S BRANCH READINESS CHECKLIST (BRANCH RENOVATIONS ONLY) EXHIBIT J: PNC INVOICING INSTRUCTIONS FOR GCs. EXHIBIT K: BONDS EXHIBIT L: SAMPLE SURETY CAPACITY LETTER 1

91 ATTACHMENTS AND EXHIBITS TO PNC MASTER CONSTRUCTION AGREEMENT The following Documents are made part of the Master Construction Agreement: For the purposes of this Agreement the term Contractor, shall be synonymous with the term Construction Manager. ATTACHMENT 1: SAMPLE WORK AUTHORIZATION FORM (General Construction, GC format) ATTTACHMENT 1a: SAMPLE WORK AUTHORIZATION FORM (Construction Management, CM Format) ATTACHMENT 2: SAMPLE GMP AMENDMENT (used in conjunction with CM Agreement when Guaranteed Maximum Price is issued) EXHIBIT C: CONTRACTORS LIABLITY INSURANCE REQUIREMENTS EXHIBIT D: PNC DRUG FREE WORKPLACE STATEMENT EXHIBIT E: DISADVANTAGED BUSIENSS ENTERPRISE PARTICIPATION EXHIBIT G: CONTRACTOR BRANCH READINESS CHECKLIST/PC CHECKLIST EXHIBIT J: INVOICING INSTRUCTIONS EXHIBIT K: BONDS (Project Work Authorizations over $500,000 require either a Performance/Payment bond or Surety Capacity Letter [within the restrictions established by this exhibit]) EXHIBIT L: SAMPLE SURETY CAPACITY LETTER

99 EXHIBIT C CONSTRUCTION MANAGER S LIABILITY INSURANCE REQUIREMENTS 1. Unless otherwise agreed, during the term of this Agreement and any renewal term(s) or extensions(s) therof, the Construction Manager agrees to maintain insurance, and also shall provide coverage for its subconstruction Managers or require any subconstruction Managers it may engage to maintain all insurance coverage as required by federal or state law, including worker s compensation insurance and any additional insurance amounts and/or coverage that the Owner deems sufficient to cover the Construction Manager and subcontractor obligations and liabilities under and arising out of this Agreement and in compliance with the minimum amounts list in Section 5 of this Exhibit C. 2. Such insurance required in this Agreement shall be maintained with a company or companies licensed to do business in ALL STATES with an A.M. Best rating of A, VIII or better. 3. The successful bidder shall furnish Certificates of Insurance, and any other insurance as may be specified in these Specifications. Unless otherwise provided as a Special Condition, the Owner shall maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance on an all risk basis for the Project. Such property insurance shall be maintained, unless otherwise provide in the Contract Documents or otherwise agreed in writing. 4. Certificates of Insurance issued pursuant to these requirements are to indicate the following: a. Name and Address of agency/broker b. Name and Address of insured (Construction Manager); and additional insureds (PNC Bank, National Association, including its successors and/or assigns, c. Name and Address of carrier (insurance company); d. Name and Address of certificate holder; (PNC Bank National Association) e. Policy Period of each insurance coverage; and f. Limits of coverage and policy numbers

100 5. The Construction Manager shall maintain insurance in the following amounts: Type of Policy Limits of Liability A. Workers Compensation Occupational Disease and Liability Employer s Liability U.S. Longshoremen s Harbor Workers Act Statutory All States Endorsement Statutory Statutory Pennsylvania (or State where work is performed) $1,000,000 each occurrence, and aggregate disease B. Commercial General Liability Construction Operations, including: Products and Completed Operations General Aggregate $1,000,000 each occurrence bodily injury, property damage, explosion, collapse, & underground damage and Independent Contractor s Liability $1,000,000 each occurrence $2,000,000 per Project C. Automobile Comprehensive Liability Policy Bodily injury and property damage $1,000,000 combined single limit each Occurrence and the insurance certificate shall contain a stipulation of any auto including hired automobile and nonownership liability D. UMBRELLA EXCESS LIABILITY $5,000,000 each occurrence $5,000,000 aggregate

101 6. All policies, except for Workers Compensation Policies in the State of New Jersey, must include the following Waiver of Subrogation Clause: The issuer waives any right of subrogation against the Owner, its departments, its (A) officers, agents and employees, for any claim which might arise by reason of any payment under the policies obtained by the Construction Manager. 7. All policies must provide for 30 days written notice to the name and address shown on the Certificate of Insurance prior to any cancellation of the policies. 8. All policies shall be endorsed to provide that coverage provided by Construction Manager s insurance shall always be primary and non-contributory as respects to any insurance maintained by the Owner or any other additional insurance maintained by the Owner or any other additionally insured entity specified. 9. The Owner (PNC Bank, National Association including its successors or assigns) shall be named as additional insured for ongoing and completed operations under coverages B, C, and D listed in Section 5 above. I understand and have complied with the insurance requirements as stated above Construction Manager(signature) Date

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