Specifications - City of Montpelier, Vermont

alance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfullyretained by the OWNER, shall be paid to the CONTRACTOR within thirty (30) days of completion and acceptance of theWORK.19.6. The CONTRACTOR will indemnify and save the OWNER or the OWNER'S agents harmless from all claims growing out ofthe lawful demands of SUBCONTRACTORS, laborers, workmen, mechanics, material3men, and furnishers of machineryand parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the WORK. TheCONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature designatedabove have been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWNER may, after having notifiedthe CONTRACTOR, either pay unpaid bills or withhold from the CONTRACTOR'S unpaid compensation a sum of moneydeemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilitieshave been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms ofthe CONTRACT DOCUMENTS, but in no event shall the provisions of this sentence be construed to impose anyobligations upon the OWNER to either the CONTRACTOR, his Surety or any third party. In paying any unpaid bills of theCONTRACTOR, any payment so made by the OWNER shall be considered as a payment made under the CONTRACTDOCUMENTS by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for anysuch payments made in good faith.19.7. If the OWNER fails to make payment thirty (30) days after approval by the ENGINEER, in addition to other remediesavailable to the CONTRACTOR, there shall be added to each such payment interest at the maximum legal ratecommencing on the first day after said payment is due and continuing until the payment is received by the CONTRACTOR.20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE20.1. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claimsand all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by theCONTRACTOR for all things done or furnished in connection with this WORK and for every act and neglect of the OWNERand others relating to or arising out of this WORK. Any payment, however, final or otherwise, shall not release theCONTRACTOR or his sureties from any obligations under the CONTRACT DOCUMENTS or the Performance BOND orPayment BONDS.21. INSURANCE21.1. The CONTRACTOR shall purchase and maintain such insurance as will protect him from claims set forth below which mayarise out of or result from the CONTRACTOR'S execution of the WORK, whether such execution be by himself or by anySUBCONTRACTOR or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of themmay be liable:21.1.1. Claims under workmen's compensation, disability benefit and other similar employee benefit acts;21.1.2. Claims for damages because of bodily injury, occupational sickness or disease, or death or his employees;21.1.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than hisemployees;21.1.4. Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as aresult of an offense directly or indirectly related to the employment of such person by the CONTRACTOR, or (2) byany other person; and21.1.5. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom.21.2. Certificates of Insurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the WORK.These Certificates shall contain a provision that coverage afforded under the policies will not be canceled unless at leastfifteen (15) days prior WRITTEN NOTICE has been given to the OWNER21.3. INSURANCE REQUIREMENTS. Insurance obtained by the CONTRACTOR to cover the below3listed requirements shall beprocured from an insurance company registered and licensed to do business in the State of Vermont. All insurancecoverage for property damage shall provide coverage for “Replacement” cost. Before the CONTRACT is signed andbecomes effective, the CONTRACTOR shall file with the OWNER a certificate of insurance, in duplicate, executed by aninsurance company or its licensed agent(s), on a form satisfactory to the OWNER, stating that with respect to theCONTRACT awarded, the CONTRACTOR carries insurance in accordance with the following requirements. Renewalcertificates for keeping the required insurance in force for the duration of the CONTRACT shall also be filed as specifiedabove. No warranty is made that the coverages and limits listed herein are adequate to cover and protect the interests ofthe CONTRACTOR and any SUBCONTRACTOR for the CONTRACTOR’S and any SUBCONTRACTOR’S operations.These are solely minimums that have been established to protect the interests of the OWNER. The CONTRACTOR shallprocure and maintain, at his own expense, during the CONTRACT TIME, insurances as hereinafter specified:21.3.1. Workers Compensation Insurance. With respect to all operations performed the CONTRACTOR shall carryWorkers Compensation Insurance in accordance with the laws of the State of Vermont, 21 V.S.A. Chapter 9. TheCONTRACTOR shall also ensure that all SUBCONTRACTORS carry Workers Compensation Insurance inaccordance with 21 V.S.A. Chapter 9 for all work performed by them.21.3.2. Commercial General Liability Insurance. With respect to all operations performed by the CONTRACTOR andSUBCONTRACTORS, the CONTRACTOR shall carry Commercial General Liability Insurance on an occurrence formproviding all major divisions of coverage, including but not limited to:21.3.2.1. Premises – Operations21.3.2.2. Independent Contractor’s Protective21.3.2.3. Products and Completed OperationsMontpelier District Heat SystemPage 23