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b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform
substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents.

2. Substitute Items

a. If in ENGINEER’s sole discretion an item of material or equipment proposed by CONTRACTOR does
not qualify as an “or-equal” item under paragraph 6.05.A.1, it will be considered a proposed substitute item.

c. The procedure for review by ENGINEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in
the General Requirements and as ENGINEER may decide is appropriate under the circumstances.

d. CONTRACTOR shall first make written application to ENGINEER for review of a Proposed substitute

of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that
the proposed substitute item will perform adequately the functions and achieve the results called for by the
general design, be similar in substance to that specified, and be suited to the same use as that specified. The
application will state the extent, if any, to which the use of the proposed substitute item will prejudice
CONTRACTOR’s achievement of Substantial Completion on time, whether or not use of the proposed
substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any
other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item
and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject
to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will
be identified in the application, and available engineering, sales, maintenance, repair, and replacement services
will be indicated. The application will also contain an itemized estimate of all costs or credits that will result
directly or indirectly from use of such substitute item, including costs of redesign and claims of other
contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the
proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the
proposed substitute item.

B. Substitute Construction Methods or Procedures:: If a specific means, method, technique, sequence, or procedure of
construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish

CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER’s sole discretion, to
determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The
procedure for review by ENGINEER will be similar to that provided in subparagraph 6.05.A.2.

C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or
submittal made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of acceptability. No “or-
equal” or substitute will be ordered, installed or utilized until ENGINEER’s review is complete, which will be
evidenced by either a Change Order for a substitute or an approved Shop drawing for an “or equal”, ENGINEER will
advise CONTRACTOR in writing of any negative determination.

D. Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR’s expense a special
performance guarantee or other surety with respect to any substitute,

E. ENGINEER’s Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER’s
Consultants in evaluating substitute Proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and
6.05.B and in making changes in the Contract Documents (or in the provisions of any other direct contract with
OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so
Proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER
and ENGINEER’s Consultants for evaluating each such proposed substitute.

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F. CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or “or-
equal” at CONTRACTOR’s expense.

6.06 Concerning Subcontractors, Suppliers, and Others

A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those
acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as a replacement, against whom OWNER
may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other
individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection.

B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or
entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective
Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary
Conditions, OWNER’s acceptance (either in writing or by failing to make written objection thereto by the date
indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such
Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection
after due investigation. CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor,
Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned
by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance
by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement,
shall constitute a waiver of any right of OWNER or ENGINEER to reject defective work.

C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as
CONTRACTOR is responsible for CONTRACTOR’s own acts and omissions. Nothing in the Contract Documents
shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual
relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor
shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due

any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and
Regulations.

D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers,

and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with
CONTRACTOR.

E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or
furnishing any of the Work to communicate with ENGINEER through CONTRACTOR.

F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by
any specific trade.

G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or
Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and
ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured
on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the
Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against
OWNER, CONTRACTOR, ENGINEER, ENGINEER’s Consultants, and all other individuals or entities identified in
the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners,
employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages
caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and
any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms
to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same.

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6.07 Patent Fees and Royalties

A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance
of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject
of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified
in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or

engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)
arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the

Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not
specified in the Contract Documents.

6.08 Permits

A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits

Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall
pay all charges of such utility Owner’s for capital costs related thereto, such as plant investment fees.

6.09 Laws and Regulations

A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of
the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring CONTRACTOR’s compliance with any Laws or Regulations.

B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR’s primary
responsibility to make certain the Specifications and Drawings are in accordance with Laws and Regulations, but this
shall not relieve CONTRACTOR of CONTRACTOR’s obligations under paragraph 3.03.

C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the
Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject
of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on
entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefore as provided
in paragraph 10.05.

D. CONTRACTOR shall comply with all local laws, ordinances, and statutes, all provisions of the Revised Statutes
Annotated, all provisions of the federal Davis-Bacon Act for projects with federal funding, and all regulations
promulgated under either statute. Copies of the "City of Nashua Prevailing Wage Rates for Public Works", as
determined by U.S. Department of Labor and "General Wage Determinations," as determined by the U.S. Department
of Labor, are available for inspection at the City of Nashua Division of Public Works, 9 Riverside Street, Nashua, New
Hampshire. If the provisions of the Davis-Bacon Act apply, all employees of the CONTRACTOR must be paid not
less than the wage which is the greater of the Federal wage determinations. The hourly and daily rate of wages to be

employees.

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E. If the Davis-Bacon Act applies, CONTRACTOR shall furnish to the OWNER within seven days after payment date
of the weekly payroll period, a statement of wages paid for each of the CONTRACTOR’s employees or a payroll
report. If the Davis-Bacon Act applies, CONTRACTOR shall furnish to the OWNER within seven days after payment
date of the weekly payroll period, a statement of wages paid for each of any subcontractor's employees or a payroll
report for each subcontractor. The statement or report must include the CONTRACTOR’ certification of compliance
with the requirements of the supplementary condition. CONTRACTOR agrees that failure to comply with the portion
of this supplementary condition requiring CONTRACTOR to furnish a certified statement of wages or payroll report
will, in addition to any other retention allowed under this contract or under state or federal law, allow the OWNER to
unilaterally, without notice to CONTRACTOR, retain an amount of up to 10% from each progress payment until the
OWNER determines CONTRACTOR has complied with the provisions of this supplementary condition.

F. If the Davis-Bacon Act applies to work to be performed under this contract, CONTRACTOR shall furnish to the
OWNER within seven days after payment date of the weekly payroll period, a statement of wages paid for each of
CONTRACTOR’s employees and for each of any subcontractor's employees or a payroll report from CONTRACTOR
and from each subcontractor. Each statement or report must include the certification by CONTRACTOR of
compliance with the provisions of the Davis-Bacon Act.

G. Workers’ Compensation Coverage.

1. CONTRACTOR agrees as a precondition to the performance of any work under this contract and as a
precondition to any obligation of the OWNER to make any payment under this contract to provide the OWNER
with a certificate of a qualified insurer. CONTRACTOR agrees that notice of any lapse in coverage or
nonpayment of coverage that the CONTRACTOR is required to maintain should be mailed to:

Risk Management
City of Nashua
229 Main Street

Nashua, NH 03060

2. CONTRACTOR agrees to maintain required workers’ compensation coverage throughout the entire term of the
contract. If CONTRACTOR does not maintain coverage throughout the entire term of the contract,
CONTRACTOR agrees that OWNER may, at any time the coverage is not maintained by CONTRACTOR, order
the CONTRACTOR to stop work, suspend the contract, or terminate the contract. For each six-month period this
contract is in effect, CONTRACTOR agrees, prior to the expiration of the six-month period, to provide another
written request to its insurer for the provision of a certificate and notice of lapse in or nonpayment of coverage. If
CONTRACTOR does not make the request or does not provide the certificate before the expiration of the six-
month period, CONTRACTOR agrees that OWNER may order the CONTRACTOR to stop work, suspend the
contract, or terminate the contract.

H. To be deemed a responsive bid, the list of subcontractor form must be submitted even if no subcontractors
are required to be listed. Submittal is as follows:

1, Each bid submitted to any officer, department, board or commission for the construction of any public
work or improvement must include:

a. The name of each subcontractor who will provide labor or a portion of the work or improvement to
the CONTRACTOR for which he will be paid an amount exceeding 5 percent of the prime
CONTRACTOR’: total bid. Within 2 hours after the completion of the opening of the bids, the general
contractors who submitted the three lowest bids must submit a list of the name of each subcontractor
who will provide labor or a portion of the work or improvement to the CONTRACTOR for which he
will be paid an amount exceeding 1 percent of the prime CONTRACTOR’s total bid or $50,000,
whichever is greater, and the number of the license issued to the subcontractor. If a general
CONTRACTOR fails to submit such a list within the required time, his bid shall be deemed not
responsive.

GC - 24 of 53

b. A description of the portion of the work or improvement which each subcontractor named in the bid
will complete.

2. The CONTRACTOR shall list in his bid the name of a subcontractor for each portion of the project that
will be completed by a subcontractor.

3. A CONTRACTOR whose bid is accepted shall not substitute any person for a subcontractor who is
named in the bid, unless:

a. The awarding authority objects to the subcontractor, requests in writing a change in the
subcontractor and pays any increase in costs resulting from the change; or

b. The substitution is approved by the awarding authority and:

(i) The subcontractor, after having a reasonable opportunity, fails or refuses to execute a written
contract with the CONTRACTOR which was offered to the subcontractor with the same terms that
all other subcontractors on the project were offered;

(ii) The named subcontractor files for bankruptcy or becomes insolvent; or

(iii) The named subcontractor fails or refuses to perform his subcontract within a reasonable time
or is unable to furnish a performance bond and payment bond.

I. If blasting or use of explosives is necessary for prosecution of Work, the CONTRACTOR shall provide the
ENGINEER with a blasting plan in compliance with OSHA, State, and local regulations, laws, ordinances, and
requirements. CONTRACTOR shall exercise the utmost care not to endanger life or property. CONTRACTOR shall
be responsible for all damage resulting from the use of explosives. CONTRACTOR shall notify each property
OWNER and utility company having structures or facilities in proximity to the site of the work of its intentions to use
explosives. Such notice shall be given sufficiently in advance to enable the utility companies to take such steps as they
may deem necessary to protect their property from injury.

6.10 Taxes

A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR

in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance
of the Work

6.11 Use of Site and Other Areas

A. Limitation on Use of Site and Other Areas

1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the
operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably
encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR
shall assume full responsibility for any damage to any such land or area, or to the OWNER or occupant thereof, or
of any adjacent land or areas resulting from the performance of the Work.

2.Should any claim be made by any such OWNER or occupant because of the performance of the Work,
CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by
arbitration or other dispute resolution proceeding or at law.

B. Removal of Debris During performance of the Work:

GC - 25 of 53

During the progress of the Work CONTRACTOR shall keep the Site and other areas free from accumulations of
waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.

Cc. Cleaning:

Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization
by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools, appliances,

construction equipment and machinery, and surplus materials and shall restore to original condition all property not
designated for alteration by the Contract Documents.

D. Loading Structures:

CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger

the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures
that will endanger it.

E. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER’s Consultant, and the officers, directors, partners, employees, agents, and other
consultants of each and any of them from and against all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration
or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any
such OWNER or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent
caused by or based upon CONTRACTOR’s performance of the Work.

6.12 Record Documents

A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda,
Written Amendments, Change Orders,

Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during
construction. These record documents together with all approved Samples and a counterpart of all approved Shop
Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents,
Samples, and Shop Drawings will be delivered to ENGINEER for OWNER.

B CONTRACTOR shall mark up one set of paper prints to show the As-built conditions. They shall include all the
information shown on the Contract Drawings and a record of all deviations, modifications, or changes from those
Drawings, however minor, which were incorporated in the Work, all additional work not appearing on the Contract
Drawings and all changes which are made after final inspection of the Contract Work. These As-built marked prints
shall be kept current and available on the job site at all times. All changes from the Contract Drawings which are made
in the Work or additional information which might be uncovered in the course of construction shall be accurately and
neatly recorded as they occur by means of details and notes. No construction work shall be concealed until it has been
inspected, approved, and recorded. The As-built marked prints will be jointly inspected for accuracy and completeness
by the ENGINEER'S representative and a responsible representative of the CONTRACTOR prior to submission of the
monthly pay estimate. Failure to keep the As-built marked prints on a current basis shall be sufficient justification to
suspend pay estimates. The drawings shall show the following information, but not be limited to:

1. The location of any utility lines or other installations of any kind or description known to exist within the
construction area. The location includes dimensions of permanent features.

2. The location and identification of all surface installations within 100 feet of the construction work.

3. The location and dimensions of any changes within the building or structure.

GC - 26 of 53

4. Correct grade or alignment of roads, structures, or utilities if any changes were made from Contract Drawings.

5. Correct elevations if changes were made in site grading.

6. Changes in details or design or additional information obtained from working drawings specified to be prepared
or furnished by the CONTRACTOR including but not limited to fabrication, erection, installation plans and
placing details, pipe sizes, insulation material, dimensions or equipment foundations, etc.

7. The topography and grades of all drainage installed or affected as a part of the Work.
8. All changes or modifications which result from the final inspection,

The As-built marked prints shall be delivered to the ENGINEER at the time of final inspection for ENGINEER's
review and approval. All approval and acceptance of As-built drawings shall be accomplished before final payment is
made to the CONTRACTOR.

6.13 Safety and Protection

A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage, injury or loss to:

1. All persons on the Site or who may be affected by the Work;
2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and

3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways,

structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course
of construction.

B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or
property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNER of adjacent property and of
Underground Facilities and other utility Owner’s when prosecution of the Work may affect them, and shall cooperate
with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any
property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any
of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or
omissions of OWNER or ENGINEER or ENGINEER’S Consultant, or anyone employed by any of them, or anyone
for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or
negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly
employed by any of them). CONTRACTOR’s duties and responsibilities for safety and for protection of the Work
shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and
CONTRACTOR in accordance with paragraph 14.07.B that the Work is acceptable (except as otherwise expressly
provided in connection with Substantial Completion).

C. Occupational Safety and Health Standards; CONTRACTOR's methods of construction and safety requirements,
including but not limited to trench excavation and shoring where applicable, shall conform to the requirements of the

Occupational Safety and Health Standards for the Construction Industry. The document entitled "Occupational Safety
and Health Standards for the Construction Industry" (29 CFR PART 1926) with Amendments as of February 1, 1998,
including 29 CFR part 1910 General Industry Safety and Health Standards Applicable to Construction, is not attached

to the Contract Documents. Said requirements as identified and established above are incorporated herein by
reference.

GC - 27 of 53

D. Power Lines: No equipment of any kind shall be used or permitted within such proximity to the conductors of the
Public Services of New Hampshire power lines as to be in violation of the safe working clearance prescribed by the
National Electrical Safety Code.

E. Protection of Utilities: The CONTRACTOR shall verify all utility locations prior to the start of construction. This
shall include, but not necessarily limited to: irrigation and drainage ditches, culverts, water lines, sewer lines,
telephone cables, cable television, gas lines and electric lines. Prior to the start of construction the CONTRACTOR
shall call Dig Safe System, Inc. 1-800-344-7233 (two full working days’ notice required). The failure of any utility to
subscribe to DIGS shall not relieve the CONTRACTOR from the responsibility of protection of that utility on the site.
Any physical structure (i.e. curbs, sidewalks, paving, buildings, landscape improvements, utilities, etc., damaged by the
CONTRACTOR shall be repaired or replaced in a condition equal to or better than the condition prior to the damage.

Such repair or replacement shall be accomplished at the CONTRACTOR’s expense without additional compensation
from the OWNER.

F. CONTRACTOR shall ensure that its activities and activities of its employees, agents and subcontractors, and their

employees :-and agents (including all sub-subcontractors), are in strict compliance with all Environmental Protection
Agency, New Hampshire Department of Environmental Services, and Department of Transportation regulations and all
other applicable federal, state and local statutes, ordinances, regulations and rules, including without limitation, the
Federal Occupational Safety and Health Act of 1970 (OSHA) as amended and the standards and regulations issued
thereunder, and all other statutes, ordinances, regulations, rules, standards and requirements of common law in relation
to industrial hygiene and safety, and the protection of health and the environment.

6.14 Safety Representative

A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and
responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and
programs. Work Site is subject to safety inspection by the City Safety Representative at any and all times.

6.15 Hazard Communication Programs

A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard
communication information required to be made available to or exchanged between or among employers at the Site in
accordance with Laws or Regulations.

6.16 Emergencies

A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto,
CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss) CONTRACTOR shall give
ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations
from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines
that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to
such an emergency, Change Order will be issued.

6.17 Shop drawings and Samples

A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may
require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will
be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar
data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable
ENGINEER to review the information for the limited purposes required by paragraph 6.17.E.

B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material,

GC - 28 of 53

Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may
require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.E. The
numbers of each Sample to be submitted will be as specified in the Specifications.

C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and
Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related Work performed prior to

ENGINEER’s review and approval of the pertinent submittal will be at the sole expense and responsibility of
CONTRACTOR.

D. Submittal Procedures

1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified:

a. All field measurements, quantities, dimensions, specified performance criteria, installation requirements,
materials, catalog numbers, and similar information with respect thereto;

b. All materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and
installation pertaining to the performance of the Work;

c. All information relative to means, methods, techniques, sequences, and procedures of construction and
safety precautions and programs incident thereto; and

d. CONTRACTOR shail also have reviewed and coordinated each Shop Drawing or Sample with other Shop
drawings and Samples and with the requirements of the Work and the Contract Documents.

2.Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied
CONTRACTOR’s obligations under the Contract Documents with respect to CONTRACTOR’s review and
approval of that submittal.

3. At the time of each submittal, CONTRACTOR shall give ENGINEER specific written notice of such variations,
if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents,
such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific
notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each
such variation.

E. ENGINEER’s Review

1, ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of
Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER’s review and approval will be only
to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to
the information given in the Contract Documents and be compatible with the design concept of the completed
Project as a functioning whole as indicated by the Contract Documents.

2.ENGINEER’s review and approval will not extend to means, methods, techniques, sequences, or procedures of
construction (except where a particular means, method, technique, sequence, or procedure of construction is
specifically and expressly called for the Contract Documents) or to safety precautions or programs incident thereto.

The review and approval of a separate item as such will not indicate approval of the assembly in which the item
functions.

3. ENGINEER’s review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in
writing called ENGINEER’ attention to each such variation at the time of each submittal as required by paragraph
6.17.D.3 and ENGINEER has given written approval of each such variation by specific written notation thereof

GC - 29 of 53

incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER
relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1.

F, Resubmittal Procedures

1. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of
corrected copies of Shop Drawings and submit as required new Samples for review and approval.
CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by
ENGINEER on previous submittals.

6.18 Continuing the Work

A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as
permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing.

6.19 CONTRACTOR’s General Warranty and Guarantee

A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER’s Consultants that all Work
will be in accordance with the Contract Documents and will not be defective. CONTRACTOR’s warranty and
guarantee hereunder excludes defects or damage caused by:

1. Abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR,
Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or

2. Normal wear and tear under normal usage.
B. CONTRACTOR’s obligation to perform and complete the Work in accordance with the Contract Documents shall

be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract

Documents or a release of CONTRACTOR’s obligation to perform the Work in accordance with the Contract
Documents:

1. Observations by ENGINEER;
2. Recommendation by ENGINEER or payment by OWNER OF ANY PROGRESS OR FINAL PAYMENT;

3. The issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereof by
OWNER;

4. Use or occupancy of the Work or any part thereof by OWNER;
5. Any acceptance by OWNER or any failure to do so;

6. Any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability
by ENGINEER;

7. Any inspection, test, or approval by others; or
8. Any correction of defective Work by OWNER.
6.20 Indemnification
A. Regardless of the coverage provided by any insurance, Contractor agrees to indemnify and shall defend and hold

harmless the City, its agents, officials, employees and authorized Tepresentatives and their employees from and against
any and all suits, causes of action, legal or administrative proceedings, arbitrations, claims, demands, damages,

GC - 30 of 53