2009 Addendum to Standard General
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1. Article Addressed to:
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2. ArticleNumber 7008 3230 0001 3727 3620
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PS FQ!l1l3811, February 2004 Domeatic RelLm PIIoitiJlf
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182585..Q2-M-1540
ADDENDUM TO STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
This Addendum is hereby -attached to and made a part--Of-the-8~eneral-Gonditions -
of the Construction Contract Edition C-700 EJCDC - 2002 Towne Lakes Trunk Watermain
Improvements - Albertville, MN (the "General Conditions") by and between the City of
Albertville ("City") and Northdale Construction Co., Inc. ("Contractor") dated
, 2009, for certain general contractor services to be performed by Contractor
in connection with trunk watermain improvements to the Towne Lakes 6th Addition. If any term
or provision of this Addendum conflicts or is inconsistent with any term or provision in the
General Conditions, this Addendum shall control.
The General Conditions are hereby amended, modified and revised as follows:
.
1. Notwithstanding anything contained in the Contract Documents to the contrary,
Contractor acknowledges Owner does not hold fee title to the Site, but instead such lands are
owned by M&I Marshall & IIsley Bank ("M&I"). M&I is intended to be a third party
beneficiary of the Contract Documents. M&I shall have access to the Site and the right to review
the Work at anytime throughout the Project. IfM&I requests Contractor to conduct Work that is
not within the scope of the plans and specifications provided by Owner, then prior to conducting
any such requested Work, the Contractor shall notify the Owner and shall obtain the Owner's
prior written consent in the form of a Change Order. Contractor acknowledges and agrees that
all Change Orders to the Project require the prior written consent and approval of Owner and
M&I. Contractor shall not take direction from M&I regarding any portion of the Work referred
to in the Contract Documents without the prior written consent ofthe Owner.
2. Contractor agrees that M&I shall b~ named as a beneficiary under all performance
and/or payment bonds required by the Contract Documents. Prior to the commencement of the
Work, Contractor shall furnish M&I with copies of all applicable bonds.
3. Notwithstanding anything contained in the Contract Documents to the contrary, M&I
shall be named as an additional insured under all insurance policies required by the Contract
Documents to be purchased and maintained by Contractor except any professional liability
policy and any workers' compensation insurance policy. Prior to the commencement of the
Work, Contractor shall deliver to M&I certificates of insurance consistent with the Contract
Documents and the foregoing requirements.
4. Notwithstanding anything contained in Article 14 of the General Conditions to the
contrary, each Application for Payment shall include a fully-executed lien waiver, in a form
acceptable to Owner and M&I, from Contractor (conditioned only upon payment of the current
draw request amount specified on the face of such lien waiver) for all labor and materials
reflected in such Application for Payment, and shall also include fully-executed unconditional
lien waivers from all subcontractors, materialmen and suppliers for all labor and materials
provided under any prior Application for Payment for which Owner has delivered payment to
Contractor.
. ..
5. Notwithstanding anything contained in the Contract Documents to the contrary,
Contractor shall indemnify, defend and hold harmless M&I and its officers, directors, employees,
agents and consultants from and against all claims, causes of action, costs, losses and damages,
including, but not limited to, reasonable attorneys-' fees, arising out ofor-i-eIated-to the Work,
provided that any such claim, cost, loss or damage is attributable to: (i) a breach by Contractor
of its obligations under the Contract Documents, or (ii) any bodily injury, death or damage to
property caused by the negligence or the acts or omissions of Contractor and/or its
subcontractors, suppliers or materialmen.
6. Notwithstanding anything contained in the Contract Documents to the contrary, M&I
and/or its assignee shall be entitled to rely upon and enforce any representation, warranty,
guarantee, replacement and/or repair obligation of Contractor set forth in the Contract
Documents in connection with the Project and/or Work.
7. This Addendum may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
8. If any term, provision or condition contained in this Addendum or General
Conditions shall, to any extent, be invalid or unenforceable, the remainder of this Addendum and
General Conditions (or the application of such term, provision or condition to persons or
circumstances other than those in respect of which it is invalid or unenforceable) shall not be
affected thereby, and each and every other term, provision and condition of this Addendum and
General Conditions shall be valid and enforceable to the fullest extent permitted by law.
9. Capitalized terms not otherwise defmed herein shall have the respective meanings
ascribed to them in the General Conditions.
The parties have executed this Addendum as of the _ day of
,2009.
CITY OF ALBERTVILLE:
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NORTHDALE CONSTRUCTION CO.. INC.
By:
Name:
Title:
4309668_1
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