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2. Other data, interpretations, opinions and information contained in such reports or shown or indicated in such
drawings; or

3. Any CONTRACTOR interpretation of or conclusion drawn from any “technical data” or any such other data,
interpretations, opinions or information.

C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the
Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be
within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created
with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom
CONTRACTOR is responsible.

D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom
CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (i) secure
or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected
thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGINEER (and promptly
thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for
OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any.

E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until
after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i)
specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii)
specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot
agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or
both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by
CONTRACTOR, either party may make a Claim therefore as provided in paragraph 10.05.

F. lf after receipt of such written a notice CONTRACTOR does not agree to resume such Work based on a reasonable
belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order the
portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and
CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price
or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefore as
provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER’S own forces
or others in accordance with Article 7.

G. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER,
ENGINEER, ENGINEER’s Consultants, and the officers, directors, partners, employees, agents, other consultants, and
subcontractors of each and any of them from and against all claims, costs, losses, 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 a Hazardous Environmental Condition created by CONTRACTOR or
by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to
indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

H. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.

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ARTICLE 5 - BONDS AND INSURANCE

5.01 Performance, Payment, and Other Bonds

A. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price
as security for the faithful performance and payment of all CONTRACTOR’s obligations under the Contract Documents.
These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as
provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other
Bonds as are required by the Contract Documents.

B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or
Regulations, and shall be executed by such sureties as are named in the current list of “Companies Holding Certificates
of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular
570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds
signed by an agent must be accompanied by a certified copy of such agent’s authority to act.

C. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do
business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of
paragraph 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which
shall comply with the requirements of paragraphs 5.01.B and 5.02.

5.02 Licenses Sureties and Insurers

A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR
shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which
the Project is located to issue Bonds or insurance policies for the limits and coverage’s so required. Such surety and
insurance companies shall also meet such additional requirements and qualifications as may be provided in the
Supplementary Conditions.

B. All Sureties and Insurance Companies shall be authorized to do business in the State of New Hampshire and shall
have an A.M. Best rating of “A(FSC-VIII)” or better. In the event that the Insurer fails to maintain an A.M. Best rating
“A(FSC-VIII)” or better, the CONTRACTOR shall immediately retain a Surety which does meet the above requirements.

5.03 Certificates of Insurance

A. CONTRACTOR shall deliver to OWNER 10 days prior to Work, with copies to each additional insured identified in the
Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any
other additional insured) which CONTRACTOR is required to purchase and maintain.

5.04 CONTRACTOR’s Liability Insurance

A. CONTRACTOR shall purchase and maintain such liability and other insurance as is required by OWNER which will
provide protection from claims which may arise out of or result from CONTRACTOR’s performance of the Work and
CONTRACTOR’s other obligations under the Contract Documents, whether it is to be performed by CONTRACTOR, any
Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or
by anyone for whose acts any of them may be liable.

B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall:

1. Include as additional insured (subject to any customary exclusion in respect of professional liability) OWNER,
ENGINEER.

GC-17o0f55

2. The CONTRACTOR must maintain the following lines of coverage and policy limits for the duration of the
contract. Any subcontractors used by the CONTRACTOR are subject to the same coverage and limits and is a
subcontractor of the CONTRACTOR and not the OWNER. It is the responsibility of the CONTRACTOR to update
Certificates of Insurance during the term of the contract. Provide coverage for not less than the following amounts
or greater:

General Liability
$1,000,000 per Occurrence
$2,000,000 Aggregate
City of Nashua Additional Insured

Motor Vehicle Liability *coverage must include all owned, non-owned and hired vehicles.
$1,000,000 Combined Single Limit
Automobile Liability
City of Nashua Additional Insured

Workers’ Compensation Coverage according to Statute of the State of New Hampshire:
$100,000 / $500,000 / $100,000

All bidders and subcontractors at every tier under the bidder will fully comply with NH RSA Chapter 281-A,
“Workers’ Compensation”.

It is the responsibility of the contractor to submit to the City of Nashua certificates of insurance for all
subcontractors prior to the start of the project. It is the responsibility of the contractor to provide the City with
updated certificates of insurance for the contractor and all subcontractors 10 days prior to the expiration of
coverage. The City may, at any time, order the contractor to stop work, suspend the contract or terminate the
contract for non-compliance. All subcontractors are subject to the same insurance requirements as the
contractor.

3. Include completed operations insurance;

4. Include contractual liability insurance covering CONTRACTOR’s indemnity obligations under paragraphs 6.07,
6.11, and 6.20;

5. Contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or
renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to
each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has
been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.03 will so
provide);

6. Remain in effect until final payment and at all times thereafter wnen CONTRACTOR may be correcting, removing
or replacing defective Work in accordance with paragraph 13.07; and

7. With respect to completed operations insurance, and any insurance coverage written on a claims-made basis,
remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other
additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued,
evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final
payment and one year thereafter).

C. CONTRACTOR agrees to maintain all required insurance 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,

GC-18o0f55

suspend the contract, or terminate the contract. CONTRACTOR further agrees, if applicable, 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.

5.05 Property Insurance

A. CONTRACTOR must purchase and maintain property insurance upon the Work at the Site in the amount of the full
replacement cost of the Work. This insurance shall:

1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER’s Consultants and any
other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners,
employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an
insurable interest and shall be listed as an insured or additional insured;

2. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees
and charges of ENGINEERs and architects);

3.cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER
prior to being incorporated in the Work, provided that the materials and equipment have been included in an
application for payment recommended by ENGINEER; and

4. allow for partial utilization of the Work by OWNER:
5. include testing and startup; and

6. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER,

CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of

insurance has been issued.
B. CONTRACTOR shall be responsible for any deductible or self-insured retention. The risk of loss within the identified
deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of
them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the
purchaser’s own expense. OWNER shall not be responsible for purchasing and maintaining any property insurance
specified in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to the
extent of any deductible amounts that are identified in the Supplementary Conditions.

C. All the policies of insurance (and the certificates or other evidence of the policy) required to be purchased and
maintained in accordance with paragraph 5.06 will contain a provision or endorsement that the coverage afforded will
not be canceled or materially changed or renewal refused until at least 30 days after written notice has been given to
OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued
and will contain waiver provisions in accordance with paragraph 5.07.

5.06 Waiver of Rights

A. CONTRACTOR intends that all policies purchased in accordance with paragraph 5.06 will protect OWNER,
CONTRACTOR, Subcontractors, ENGINEER, ENGINEER’s Consultants, and all other individuals or entities identified in
the Supplementary Conditions to be listed as insured ({ and the officers, directors, partners, employees, agents, and
other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for
all losses and damages caused by the perils or causes of loss covered by the policy. All CONTRACTOR policies must
contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of
recovery against any of the insured or additional insured there under. CONTRACTOR waive all rights against OWNER
each other and their respective 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 or resulting from any of

GC-190f55

the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in
addition, waive all such rights against Subcontractors, 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) under such
policies for losses and damages so caused.

ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES

6.01 Supervision and Superintendence

A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and
procedures of construction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in
the design or specification of a specific means, method, technique, sequence, or procedure of construction which is
shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see
that the completed Work complies accurately with the Contract Documents.

B. At all times during the progress of the Work, CONTRACTOR | shall assign a competent resident superintendent
thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary
circumstances. The superintendent will be CONTRACTOR’s representative at the Site and shall have authority to act on
behalf of CONTRACTOR. All c ommunications given to or received from the superintendent shall be binding on
CONTRACTOR.

6.02 Labor; Working Hours

A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as
required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the Site.

B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent
thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during
regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday,
Sunday, or any legal holiday without OWNER’s written consent (which will not be unreasonably withheld) given after
prior written notice to ENGINEER.

C. The following list of streets may not be opened or worked in between the hours of 7:00 AM and 9:00 AM and 3:00
PM and 6:00 PM, Monday through Friday of each week:

Allds Street East Hollis Street
Amherst Street Henri Burque Highway
Arlington Street Ledge Street

Bridge Street Kinsley Street

Broad Street Main Street

Broad Street Parkway Main Dunstable Road
Canal Street Manchester Street
Central Street Pine Hill Road

Concord Street Somerset Parkway

D. W. Highway Spit Brook Road

East Dunstable Road West Hollis Street

GC -200f55

6.03 Services, Materials, and Equipment

A. Unless otherwise specified in the General Requirements, CONTRACTOR shall provide and assume full responsibility
for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances,
fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals
necessary for the performance, testing, start-up, and completion of the Work.

B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good
quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically
called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR
shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials
and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used,
cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be
provided in the Contract Documents.

6.04 Progress Schedule

A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be
adjusted from time to time as provided below.

1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.07) proposed
adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such
adjustments will conform generally to the progress schedule then in effect and additionally will comply with any
provisions of the General Requirements applicable thereto.

2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be
submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change
Order or Written Amendment in accordance with Article 12.

6.05 Substitutes and “Or-Equals”

A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name
of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the
type, function, appearance, and quality required. Unless the specification or description contains or is followed by
words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or
equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the
circumstances described below.

1. “Or-Equal” Items:

If in ENGINEER’S sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal
to that named and sufficiently similar so that no change in related Work will be required, it may be considered by
ENGINEER as an “or-equal” item, in which case review and approval of the proposed item may, in ENGINEER’s sole
discretion, be accomplished without compliance with some or all of the requirements for approval of proposed
substitute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be
considered functionally equal to an item so named if:

a. In the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality,

durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the
function imposed by the design concept of the completed Project as a functioning whole, and;

GC-210f55

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.

b. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that
the item of material or equipment proposed is essentially equivalent to that named and an acceptable
substitute therefore. Requests for review of proposed substitute items of material or equipment will not be
accepted by ENGINEER from anyone other than CONTRACTOR.

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 item
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:: \f 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 or
utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGINEER.
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.

GC -22 0f55

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.

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 wnom 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

GC - 23 0f55

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.

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
ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others,
the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by
Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER’s Consultants,
and the officers, directors, partners, employees or 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 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 and licenses.
CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which
are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective date of the 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.

GC -24o0f55

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 paid
each class of mechanics and workers must be posted on the project site in a place generally visible to the employees.

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’s 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:

GC -25o0f55