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E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER's
Consultants, Resident Project Representative, and assistants.

ARTICLE 10 - CHANGES IN THE WORK; CLAIMS

10.01 Authorized Changes in the Work

A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to
time, order additions, deletions, or revisions in the Work by a Written Amendment or a Change Order. Upon receipt of
any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the
applicable conditions of the Contract Documents (except as otherwise specifically provided).

B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an
adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Change Order, a
Claim may be made therefore as provided in paragraph 10.05.

10.02 Unauthorized Changes in the Work

A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with
respect to any work performed that is not required by the Contract Documents as amended, modified, or
supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in
the case of uncovering Work as provided in paragraph 13.04.B.

10.03 Execution of Change Orders

A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written
Amendments) covering:

1. Changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (ii) required because of
acceptance of defective Work under paragraph 13.08.A or OWNER's correction of defective Work under paragraph
13.09, or (iii) agreed to by the parties;

2. Changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed
sum or amount of time for Work actually performed in accordance with a Change Order ; and

3. Changes in the Contract Price and Contract Times which embody the substance of any written decision

rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order,
an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and
applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to
the progress schedule as provided in paragraph 6.18.A.

10.04 Notification to Surety
A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to

a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will
be adjusted to reflect the effect of any such change.

GC -37o0f55

A8.

49,
50.
51.
52.

53.
54.

C-1.29

47.3. The Engineer, upon request of the Owner and agreement by the Contractor, will
make an inspection of the complete part of the work to confirm its status of completion.

47.4 Consent of the surety and endorsement of the insurance carrier must be obtained
prior to use and/or occupancy by the Owner. Also, prior to occupancy, the Owner will
secure the required insurance coverage on the building.

47.5. The Owner will have the right to exclude the Contractor from the subject portion
of the project after the date of occupancy but will allow the Contractor reasonable access
to complete or correct items.

47.6 The warranty period shall begin upon substantial completion.

Suspension of Work. The Owner may, at any time and without cause, suspend the work
or any portion thereof for a period of not more than 90 days by notice in writing to the
Contractor and the Engineer. The Owner shall fix the date on which work shall be
resumed. The Contractor will be allowed an increase in the contract price or an extension
of the contract time, or both, directly attributable to any suspension if he makes a claim
therefore as provided in articles 17 and 21.

[Reserved]
[Reserved]
[Reserved]

Project Sign. Furnish and erect a sign at the project site to identify the project and to
indicate that the State Government is participating in the development of the project.
Place the sign in a prominent location as directed by the Engineer. Do not place or allow
the placement of other advertising signboards at the project site or along rights-of-way
furnished for the project work. See Exhibit 1 for details of construction.

[Reserved]
Public Convenience and Traffic Control requirements:

54.1 The Contractor shall at all times so conduct his work as to assure minimal
obstruction to traffic. The safety and convenience of the general public and the residents
along the work site route and the protection of property shall be provided for by the
Contractor. The Contractor shall be responsible for timely notification to local residents
before causing any interruptions of their access.

54.2 Fire hydrants and water holes for fire protection on or adjacent to the work site
shall be kept accessible to fire apparatus at all times, and no obstructions shall be placed
within 10 feet of any such facility. No footways, gutters, drain inlets, or portions of
highways adjoining the work site shall be obstructed. In the event that all or part of a
roadway is officially closed to traffic during construction, the Contractor shall provide
and maintain safe and adequate traffic accessibility, satisfactory to the Engineer, for
residences and businesses along and adjacent to the roadway so closed.

55.

56.

57.

C-1.30

54.3, When the maintenance of traffic is considered by the Engineer to be minimal, the
contract may not show this work as a pay item. In such cases, the Contractor shall bear
all expense of maintaining traffic over the sections of road undergoing improvement and
of constructing and maintaining such approaches, crossings, intersections, and other
features as may be necessary, without direct reimbursement.

Pre-Construction Conference. The Contractor shall not commence work until a
pre-construction conference has been held at which representatives of the Contractor,
Engineer, Division and Owner are present. The pre-construction conference shall be
scheduled by the Engineer.

Maintenance During Construction.

56.1 The Contractor shall maintain the work during construction and until it is
accepted by the Owner. This maintenance shall be continuous and effective work
prosecuted day by day, with adequate equipment and forces, to the end that roads or
structures are kept in satisfactory condition at all times.

56.2 All cost of maintenance during construction and before the work is accepted by
the Owner shall be included in the unit prices bid on the various pay items and the
Contractor shall not be paid an additional amount for such maintenance.

56.3 If the Contractor, at any time, fails to comply with the provisions above, the
Engineer may direct the Contractor to do so. If the Contractor fails to remedy
unsatisfactory maintenance within the time specified by the Engineer, the Engineer may
immediately cause the project to be maintained and the entire cost of this maintenance
will be deducted from money to become due the Contractor on this contract.

Cooperation with Utilities.

57.1 The Owner will notify all utility companies, all pipe line owners, or other parties
affected, and have all necessary adjustments of the public or private utility fixtures, pipe
lines, and other appurtenances within or adjacent to the limits of construction made as
soon as practicable.

57.2 Water lines, gas lines, wire lines, service connections, water and gas meter boxes,
water and gas valve boxes, light standards, cableways, signals, and all other utility
appurtenances within the limits of the proposed construction which are to be relocated or
adjusted are to be moved by the owners of such utilities at their expense, except as may
otherwise be provided for in the special conditions or as noted on the plans.

57.3 It is understood and agreed that the Contractor has considered in his bid all of the
permanent and temporary utility appurtenances in their present or relocated positions as
shown on the plans and as evident on the site, and that no additional compensation will
be allowed for any delays, inconvenience, damage sustained by him due to any
interference from such utility appurtenances or the operation of moving them.

57.4 The Contractor shall cooperate with the Owners of any underground or overhead
utility lines in their removal and rearrangement operations in order that these operations
may progress in a reasonable manner, that duplication of rearrangements may be reduced
to a minimum, and that services rendered by those parties will be minimal.

58.

59.

C-1.31

57.5 In the event of interruption to a water or utility service as a result of accidental
breakage or as a result of being exposed or unsupported, the Contractor shall promptly
notify the proper authority and shall cooperate with said authority in the restoration of
services. If water service is interrupted, repair work shall be continuous until the service
is restored. No work shall be undertaken around fire hydrants until provisions for
continued service have been approved by the local fire authority. If any utility service is
interrupted for more than 4 hours, the Contractor shall make provisions for temporary
service at his own expense until service is resumed.

Work Performed at Night and on Sundays and Holidays shall comply with the following:

58.1 No work will be permitted at night or on Sundays or holidays except as approved
in writing by the Engineer, and provided such work is not in violation of a local
ordinance. When working at night, the Contractor shall provide flood lighting sufficient
to insure the same quality of workmanship and the same conditions regarding safety as
would be achieved in daylight.

58.2 Whenever Memorial Day or Fourth-of-July is observed on a Friday or a Monday
and during the weekend of Labor Day, the Contractor may be required to suspend work
for the 3 calendar days. Prior to the close of work, the work site shall be placed in a
condition acceptable to the Engineer for the comfort and safety of the traveling public.
An arrangement shall be made for responsible personnel acceptable to the Engineer to
maintain the project in the above conditions.

Laws to be Observed. With reference to laws that shall be observed:

59.1 The Contractor shall keep fully informed of all federal and state laws, all local
laws, ordinances, and regulations, and all orders and decrees of tribunals having any
jurisdiction or authority, which in any manner affect those engaged or employed on the
work. He shall at all times observe and comply with all such laws, ordinances,
regulations, orders, and decrees; and shall protect and indemnify the state and its
representatives against any claim or liability arising from or based on the violation of any
such law, ordinance, regulation, order, or decree, whether by himself or his employees.

59.2 Indemnification

The Contractor will indemnify and hold harmless the Owner and the Engineer and their
agents and employees from and against all claims, damages, losses, and expenses
including attorney's fees arising out of or resulting from the performance of the Work,
provided that any such claims, damage, loss or expense is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property including the
loss of use resulting therefrom; and is caused in whole or in part by any negligent or
willful act or omission of the Contractor, and Subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable.

In any and all claims against the Owner or the Engineer, or any of their agents of
employees, by any employees of the Contractor, and Subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable,
the indemnification obligation shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by disability benefit or
other employee benefit acts.

60.

61.

62.

C-1.32

The obligation of the Contractor under this paragraph shall not extend to the liability of
the Engineer, his agents or employees arising out of the preparation or approval of maps,
Drawings, opinions, reports, surveys, Change Orders, designs or Specifications.

Permits. Permits to be obtained by the Contractor shall be in accordance with the
following:

60.1 Permits and licenses of a temporary nature necessary for the prosecution of the
work shall be obtained and paid for by the Contractor. Permits, licenses and easements
for permanent structures or permanent changes in existing facilities will be secured and
paid for by the Owner. Permits may include:

a. New Hampshire Department of Transportation Highway Trench Permits.

b. RSA 485-A:17 and 483-A N.H. DES Wetlands Bureau Dredge and Fill
Permit.

c. RSA 485-A:17 - N.H. DES Site Specific Permit (Water Quality)

d. RSA 149-M:10 N.H. DES Solid Waste Management Bureau - disposal of
construction debris and/or demolition waste.

e. N.H. Department of Environmental Services Air Resources Division
(burning permits).

f. Other permits, as required by State and Local laws and ordinances.

g. Notice of intent for coverage under EPA’s General NPDES Permit for
construction dewatering activities.

Control of Pollution due to construction shall comply with the following:

61.1 During construction, the Contractor shall take precautions sufficient to avoid the
leaching or runoff of polluting substances such as silt, clay, fuels, oils, bitumens, calcium
chloride and any other polluting materials which are unsightly or which may be harmful
to humans, fish, or other life, into groundwaters and surface waters of the State.

61.2 In waters used for public water supply or used for trout, salmon, or other game or
forage fish spawning or nursery, control measures must be adequate to assure that
turbidity in the receiving water will be increased not more than 10 standard turbidity units
(s.t.u.) in the absence of other more restrictive locally-established limitations, unless
otherwise permitted by the Division. In no case shall the classification for the surface
water be violated.

61.3 In water used for other purposes, the turbidity must not exceed 25 s.t.u. unless
otherwise permitted by the Division.

Use of Explosives.

62.1 When the use of explosives is necessary for the prosecution of the Work, exercise
the utmost care not to endanger life or property. The Contractor shall be responsible for
any and all damage resulting from the use of explosives.

63.

64.

65

C-1.33

62.2 Store all explosives in a secure manner, in compliance with all State and local
laws and ordinances, and legally mark all such storage places. Storage shall be limited to
such quantity as may be needed for the work underway.

62.3. Designate as a “Blasting Area” all sites where electric blasting caps are located
and where explosive charges are being placed. Mark all blasting areas with signs as
required by law. Place signs as required by law from each end of the blasting area and
leave in place while the above conditions prevail. Immediately remove signs after
blasting operations or the storage of caps is over.

62.4 Notify each property Owner and public utility company having structures in
proximity to the site of the work sufficiently in advance to enable the companies to take
such steps as they may deem necessary to protect their property. Such notice shall not
relieve the Contractor of any of his responsibility for damage resulting from his blasting
operation. Warn all persons within the danger zone of blasting operations and do not
perform blasting work until the area is cleared. Provide sufficient flagmen outside the
danger zone to stop all approaching traffic and pedestrians. Provide watchmen during the
loading period and until charges have been exploded. Place adequate protective covering
over all charges before being exploded.

Arbitration by Mutual Agreement.

63.1 All claims, disputes, and other matters in question arising out of, or relating to, the
Contract Documents or the breach thereof, except for claims which have been waived by
making an acceptance of final payment as provided in Section 25, may be decided by
arbitration if the parties mutually agree. Any agreement to arbitrate shall be specifically
enforceable under the prevailing arbitration law. The award rendered by the arbitrators
shall be final, and judgment may be entered upon it in any court having jurisdiction
thereof.

63.2 Notice of the request for arbitration shall be filed in writing with the other party to
the Contract Documents and a copy shall be filed with the Engineer. Request for
arbitration shall in no event be made on any claim, dispute, or other matter in question
which would be barred by the applicable statute of limitations.

63.3. The Contractor will carry on the Work and maintain the progress schedule during
any arbitration proceedings, unless other wise mutually agreed in writing.

Taxes. The Contractor shall pay all sales, consumer, use, and other similar taxes required
by the laws of the place where the Work is performed.

Separate Contracts.

65.1 The Owner reserves the right to let other contracts in connection with this Project.
The Contractor shall afford other Contractors reasonable opportunity for the introduction
and storage of their materials and the execution of their Work, and shall properly connect
and coordinate the Work with theirs. If the proper execution or results of any part of the
Contractor's Work depends upon the Work of any other Contractor, the Contractor shall
inspect and promptly report to the Engineer any defects in such Work that render it
unsuitable for such proper execution and results.

C-1.34

65.2. The Owner may perform additional Work related to the Project or the Owner may
let other contracts containing provisions similar to these. The Contractor will afford the
other Contractors who are parties to such Contracts (or the Owner, if the Owner is
performing the additional Work) reasonable opportunity for the introduction and storage
of materials and equipment and the execution of the Work, and shall properly connect
and coordinate the Work with theirs.

65.3 If the performance of the additional Work by other Contractors or the Owner is
not noted in the Contract Documents prior to the execution of the Contract, written notice
shall thereof be given to the Contractor prior to starting such additional Work. If the
Contractor believes that the performance of such additional Work by the Owner or others
involves it in additional expense or entitles it to an extension of the Contract Time, the
Contractor may make a claim thereof as provided in Sections 17 and 18.

Supplements

C-2.1

SPECIAL CONDITIONS

The following supplements, modify, change, delete, or add to the General Conditions. Where
any part of the General Conditions is modified or voided by these sections, the unaltered
provisions of that part should remain in effect.

Section No.

SC-2
SC-7
SC-10
SC-16
SC-19

SC-22

SC-27
SC-33
SC-55

SC-58

SC-59

Section Title

Definitions; Supplement to GC-2

Inspection and Testing of Materials Supplement to GC-7
Surveys Supplement to GC-10

Superintendence by the Contractor Supplement to GC-16

Defective Work Supplement to GC-19

Right of Owner to Terminate Contract;
Supplement to GC-22

Insurance; Supplement to GC-27
Authority of the Engineer Supplement to GC-33
Pre-Construction Conference; Supplement to GC-55

Work Performed at Night and on Sundays and Holidays;
Supplement to GC-58

Indemnification; Supplement to GC-59

Page No.

C-2.2
C-2.2
C-2.2
C-2.2

C-2.2

C-2.3
C-2.5
C-2.6
C-2.6

C-2.8

C-2.8

13089A

C-2.2
SC-2 Definitions
ADD the following to the definition of Engineer.
The Engineer is Woodard & Curran, Inc. which has designed the Project, which 1s to act
as Owner’s representative, assume all duties and responsibilities, and have the rights and
authority assigned to Engineer in the Contract Documents in connection with the
completion of the Work in accordance with the Contract Documents.

Add the following new definition.

“General Requirements” — Sections of the Specifications in Division 01 (numbered
beginning with 01) that apply to all the Specifications and Drawings.

SC-7 Inspection and Testing of Materials

REPLACE the text of paragraphs 7.1 through and including 7. 6 with “NOT USED” and
maintain paragraph numbering.

SC-10 Surveys

REPLACE paragraph 10. with “10. Surveys - NOT USED” and DELETE subparagraphs 10.1
through and including 10.4 in their entirety.

SC-16 Superintendence by the Contractor
In the third sentence, REPLACE “to the Engineer” with “to the Owner”.
SC-17 Extra Work and Change Orders

In Paragraph 17.1, first line, INSERT “or Owner” after “Engineer”. In subparagraph c.,
DELETE “by the Engineer”.

In Paragraph 17.2, first line, replace “Engineer” with “price”.
Add the following:
17.5 See General Requirements.

SC-19 Defective Work: In 19.1, second line, replace “condemned” with “determined”.

13089A

C-2.3
SC-22 Right of Owner to Terminate Contract:
DELETE Article 22 in its entirety. REPLACE with the following:
22.01 Termination, Abandonment, or Suspension at Will

The Owner, in its sole discretion, shall have the right to terminate, abandon, or suspend all or
part of the project and contract at will. If the Owner chooses to terminate, abandon, or suspend
all or part of the project, it shall provide Contractor 10 day’s written notice of its intent to do so.

If all or part of the project is suspended for more than 90 days, the suspension shall be treated as
a termination at will of all or part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Contractor shall:
1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Place no further orders or subcontracts for materials, services, or facilities, other than as
may be necessary or required for completion of such portion of work under the contract that is
not terminated.

3. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory
to the Owner of all orders or subcontracts to the extent they relate to the performance of work
terminated, abandoned, or suspended under the notice, assign to the Owner any orders or
subcontracts specified in the notice, and revoke agreements specified in the notice.

4. Not resume work after the effective date of a notice of suspension until receipt of a
written notice from the Owner to resume performance.

In the event of a termination, abandonment, or suspension at will, Contractor shall receive all
amounts due and not previously paid to Contractor for work satisfactorily completed in
accordance with the contract prior to the date of the notice and compensation for work thereafter
completed as specified in the notice. No amount shall be allowed or paid for anticipated profit on
unperformed services or other unperformed work.

22.02 Termination for Cause

This agreement may be terminated by the Owner on 10 calendar day’s written notice to
Contractor in the event of a failure by Contractor to adhere to any or all the terms and conditions
of the contract or for failure to satisfactorily, in the sole opinion of the Owner, to complete or
make sufficient progress on the work in a timely and professional manner. Contractor shall be
given an opportunity for consultation with the Owner prior to the effective date of the
termination. Contractor may terminate the contract on 10 calendar days written notice if, through
no fault of Contractor, the Owner fails to pay Contractor for 45 days after the date of approval
by the Owner of any Application for Payment.

13089A