Search

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 of 55

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 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

GC - 23 of 55

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 - 24 of 55

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 - 25 of 55

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’s 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.

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. ACONTRACTOR 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.

|. 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

GC - 26 0f 55

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:

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.

C, 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

GC -270f55

22.

23.

24.

treated as public records and shall be available for inspection and copying by any person, or any
governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Professional Engineer in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of Professional Engineer. The City of Nashua shall have the right to reproduce any
such materials.

Professional Engineer expressly and indefinitely waives all of its rights to bring, including but not
limited to, by way of complaint, interpleader, intervention, or any third party practice, any claims,
demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City of Nashua or any of its officers or employees, in
either their official or individual capacity of the City of Nashua, for violations of or infringement
of the copyright or patent laws of the United States or of any other nation. Professional Engineer
agrees to indemnify, to defend, and to hold harmless the City of Nashua, its representatives, and
employees from any claim or action seeking to impose liability, costs, and attorney fees incurred
as a result of or in connection with any claim, whether rightful or otherwise, that any material
prepared by or supplied to Professional Engineer infringes any copyright or that any equipment,
material, or process (or any part thereof) specified by Professional Engineer infringes any patent.

Professional Engineer shall have the right, in order to avoid such claims or actions, to substitute
at its expense non-infringing materials, concepts, products, or processes, or to modify such
infringing materials, concepts, products, or processes so they become non-infringing, or to obtain
the necessary licenses to use the infringing materials, concepts, products, or processes, provided
that such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to all the terms and conditions of this contract.

Final Acceptance. Upon completion of all work under the contract, Professional Engineer shall
notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of
Nashua shall confirm to Professional Engineer in writing that the whole of the work was
completed on the date indicated in the notice or provide Professional Engineer with a written list
of work not completed. With respect to work listed by the City of Nashua as incomplete,
Professional Engineer shall promptly complete the work and the final acceptance procedure shall
be repeated. The date of final acceptance of a project by the City of Nashua shall be the date upon
which the Board of Public Works or other designated official accepts and approves the notice of
completion.

Taxes. Professional Engineer shall pay all taxes, levies, duties, and assessments of every nature
due in connection with any work performed under the contract and make any and all payroll
deductions required by law. The contract sum and agreed variations to it shall include all taxes
imposed by law. Professional Engineer hereby indemnifies and holds harmless the City of Nashua
from any liability on account of any and all such taxes, levies, duties, assessments, and deductions.

Non-Waiver of Terms and Conditions. None of the terms and conditions of this contract shall be
considered waived by the City of Nashua. There shall be no waiver of any past or future default,
breach, or modification of any of the terms and conditions of the contract unless expressly
stipulated to by the City of Nashua in a written waiver.

GC 10 of 12

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.

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

GC - 28 of 55

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.

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. Dial 811 (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

GC - 29 of 55

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 supmit 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 equioment 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 supmit 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, 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 shall 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.

GC - 30 0f 55