Search

11.02 Cash Allowances 222.000.0000. ccc ccc c cece cc cccccccccccecceeceeeeeeeceeeeeeeeeeceeeeeeeeeeeeecececeeecececesececececeseceeecens 40

11.03 Unit Price Work 2.0.00 cece eee e ec nee beeen tects cre etieeetitecigetteetirentitectieeteenies 4]
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES41
12.01 Change of Contract Price... cece cece c ete t ects cee eeteeetetecesesiseetisentitecsseeseenees 4]
12.02 Change of Contract Times ....0.0.00.00cccc ccc ccc cece cece eee t ects cbt eeeeeetetecesetnestireststeesieeseenees 42
12.03 Delays beyond CONTRACTOR 's Control ......00.000ccccccccccececc cee c ee se testes eetsteeseeseenees 42
12.04 Delays within CONTRACTOR 's Control ......00.00ccccccccccc cece cette e estes tteseetstecsecneenies 42
12.05 Delays beyond OWNER's and CONTRACTOR's Control .0....000000 ccc ceseeeteeeees 42
12.06 Delay Damages 00.00.0000... ccc cece cece cette eee cnet bit eebe debits cee eeeeetiteseaesiseesirenistectieeseenies 42
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK ............ccsscsssscsssssscssscecssscescscssecscssessecsessecsecscsscssessessessesscscessssesssessesseees 43
13.01 Notice of Defects 2.0.00... e eee e ect bee e bbe te cite cree tbe tetetesisesieesireetsteesieeseenies 43
13.02 Access to Work... ccc cece cece cette ee cnr ebne tebe decide cae eeeeetiteceaestieesiseniitectieeseenies 43
13.03 Tests and Inspections 0.00.00... ccc cece cece cee cee tees cece tees ee cee eeeeeetitessesiseesirentseessieeseenies 43
13.04 Uncovering Work 20.0... ccc cece cece ecb ne ener ebb te cede cbeeeieeetetesiaetseetireeitectieeseenies 44
13.05 OWNER May Stop the Work 2.0.00... cece cece eens eete tec teteseenisenisteeseeseenies 44
13.06 Correction or Removal of Defective Work .0..00..00ccccccc ccc cece eect ttettetstetseeteenies 44
13.07 Correction Period... cece ccc cece cece cece cent ebbe tees se cee eciseetitesisestsesisestteeteeseenits 45
13.08 Acceptance of Defective Work... ccc ccc cece cette ects tebe tetetetnsettiseeistettieeteenies 45
13.09 OWNER May Correct Defective Work ....0000000ccccccccccc cece cette ete teeeeeseetsteciectinenies 45
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION .........scsccsssssssssoees 46
14.01 Schedule of Values 000.0000 ccc cece cece cece eee e ete te bene cbeteteeetstesisesiseesirentitetteeseenies 46
14.02 Progress Payment.........00...cccccccccc ccc ccece ee ente cece ceeeeceeecseeeeettseeeeeetsseeesesiseeeeenieeeeentnaeees 46
14.03 CONTRACTOR’S Warranty of Tithe...0000000 ccc eee ce ts ce esses tnteenistecseeteenies 48
14.04 Substantial Completion 2.00.00... ccc ccc cence cece ete cbeebeeeetetenseeseeetiseetstectseeteenies 48
14.05 Partial Utilization... ccc cece cence ee eens t ects cee eceeeetetesesetiseetiseetiteesieeseenies 49
14.06 Final Inspection 2.00.00 00 cece cece cece ete cece eens eebe tects cee eeeeeetstesiaeeesetiseeisteetseeseenees 49
14.07 Final Payment ...0..0000000 occ c cece cece cnr eee ebb te cede cbeeeceentitesiaeeiieetireeiseestieeseenits 49
14.08 Final Completion Delayed ......0.0000occcc cece cece cece ete c ee ee cee cbee ects teceaesiseenirentsteteseeteenies 50
14.09 Waiver of Claims .......00 ccc cece eee e een neebie ee be tects cee eceeetetesseesseesisestitessseeseenies 50
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ..........csscsssssssssssessosssecoees 51
15.01 Termination, Abandonment, or Suspension at Will ....0000.00 ccc eee eeteeeseeteenees 51
15.02 Termination for Cause oo... ccc cccc cece cence bee cete tects cbt eceeeetstecteseseetiseetstestieeseenies 51
15.03 General Provisions for Termination ..0...000000000c ccc ccc ccc cece cece eecesecesestsseetsteenseennenies 51
ARTICLE 16 - DISPUTE RESOLUTION ............ccscssssssssescssscssssesssesceassnscsecsssssscsserseescnsssessees 52
16.01 Methods and Procedures ...........00c cece cece cee cece ce cece cee cee eeeeeetseecesetiseetiseetsteetseeseenies 52
ARTICLE 17 - MISCELLANEOUS. .........csccsscsssssssssssssssessssscsscsscssssssescsassnscsacsssssscssersoescnsssnseees 52
17.01 Giving Notice oo... eee eee e ete cece ett ebbe decide cee teeeetitesisesiieetisestitectieeseenits 52
17.02 Computation of Times ......0.0.00 coc eee eee cette cess ce ecteeeteteesietieetisentitecseeteenies 53
17.03 Cumulative Remedies... ccc cece cece eeee cette eee cbt cceeeetsteceseteseetiseetstecsieeseenies 53
17.04 Survival of Obligations 2.0.0.0... ccc cee c cece cette ete cee tbteeeteteceseseeetisentitecsieeseenees 53
17.05 Controlling Law oo... cece cece cece cere bite e be tece deste eciseetstesisesseetiresiteeteeseenies 53
17.06 Access to Records ........0.ccccccccc cece ccec eee c cece eee cb neebbeeebe tects cee ecieeetitecesestsetireetseeetiseseenies 53
17.07 Road CLOSUrES 00.0.0... ccc eee cee cele ete t eee cette eb be decide clit ebeeetitesisessetsirentiteetieeseenies 53
17.08 Prohibited Interests 2.000000. c cece eee ne tees eebe tees se cee ecieeetstesiesisesireetitestseeseenees 54
17.09 Cooperation with Refuse Pickup .......0.00o ccc eee e ect ecee ects tees setseeteseetsteeieeneenies 54

GC - 3 of 54

GENERAL CONDITIONS

ARTICLE 1 - DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will
have the meanings indicated which are applicable to both the singular and plural thereof.

1. Addenda--Written or graphic instruments issued prior to the opening of Bids, which clarify, correct, or change
the Bidding Requirements or the Contract Documents.

2. Agreement--The written instrument which is evidence of the agreement between OWNER and CONTRACTOR
covering the Work.

3. Application for Payment--The form acceptable to ENGINEER which is to be used by CONTRACTOR during
the course of the Work in requesting progress or final payments and which is to be accompanied by such
supporting documentation as is required by the Contract Documents.

4, Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the United States Occupational Safety and Health
Administration.

5. Bid--The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to
be performed.

6. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all Addenda
issued prior to receipt of Bids).

7. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if
any, and the Bid form with any supplements.

8. Bonds--Performance and payment bonds and other instruments of security.

9. Change Order--A document recommended by ENGINEER which is signed by CONTRACTOR and OWNER
and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract
Times, issued on or after the Effective Date of the Agreement.

10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or
Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services
by a third party is not a Claim.

11. Contract--The entire and integrated written agreement between the OWNER and CONTRACTOR
concerning the Work. The contract supersedes prior negotiations, representations, or agreements, whether written
or oral.

12. Contract Documents--The Contract Documents establish the rights and obligations of the parties and include
the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR’s Bid (including
documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications, the Drawings and the Purchases Order as the same are more

GC - 4 of 54

specifically identified in the Agreement, together with all Written Amendments, Change Orders, Field Orders, and
ENGINEER’s written interpretations and clarifications issued on or after the Effective Date Of the Agreement.
Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract
Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in
electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR
are not Contract Documents.

13. Contract Price--The moneys payable by OWNER to CONTRACTOR for completion of the Work in
accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03
in the case of Unit Price Work).

14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Substantial
Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER’s written
recommendation of final payment.

15. CONTRACTOR--The individual or entity with whom OWNER has entered into the Agreement.
16. Cost of the Work--Sce paragraph 11.01.A for definition.

17. Drawings--That part of the Contract Documents prepared or approved by ENGINEER which graphically
shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and
other CONTRACTOR submittals are not Drawings as so defined.

18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if
no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two
parties to sign and deliver.

19. ENGINEER--The individual or entity named as such in the Agreement.
20. ENGINEER’s Consultant--An individual or entity having a contract with ENGINEER to furnish services as
ENGINEER’ s independent professional associate or consultant with respect to the Project and who is identified as

such in the Supplementary Conditions.

21. Field Order--A written order issued by ENGINEER which requires minor changes in the Work but which
does not involve a change in the Contract Price or the Contract Times.

22. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to
all sections of the Specifications.

23. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous
Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to

persons or property exposed thereto in connection with the Work.

24. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Section 6903) as amended from time to time.

25. Laws and Regulations; Laws or Regulations--Any and all applicable laws, rules, regulations, ordinances,
codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

26. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property.
27. Milestone--A principal event specified in the Contract Documents relating to an intermediate completion

date or time prior to Substantial Completion of all the Work.

GC - 5 of 54

28. Notice of Award--The written notice by OWNER to the apparent successful bidder stating that upon timely
compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and
deliver the Agreement.

29. Notice to Proceed--A written notice given by OWNER to CONTRACTOR fixing the date on which the
Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the
Contract Documents.

30. OWNER--The individual, entity, public body, or authority with whom CONTRACTOR has entered into the
Agreement and for whom the Work is to be performed.

31. Partial Utilization--Use by OWNER of a substantially completed part of the Work for the purpose for which
it is intended (or a related purpose) prior to Substantial Completion of all the Work.

32. PCB’s--Polychlorinated biphenyls.

33. Petroleum-- Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and
crude oils.

34. Project--The total construction of which the Work to be performed under the Contract Documents may be
the whole, or a part as may be indicated elsewhere in the contract Documents.

35. Project Manual--The bound documentary information prepared for bidding and constructing the Work. A
listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the
table(s) of contents.

36. Radioactive Material--Source, special nuclear, or byproduct material as defined by the Atomic Energy Act
of 1954 (42 USC Section 2011 et seq.) as amended from time to time.

37. Resident Project Representative--The authorized representative of ENGINEER who may be assigned to the
Site or any part thereof.

38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some
portion of the Work and which establish the standards by which such portion of the Work will be judged.

39. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are
specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some
portion of the Work.

40. Site--Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the

Work is to performed, including rights-of-way and easements for access thereto, and such other lands furnished by
OWNER which are designated for the use of CONTRACTOR.

41. Specifications--That part of the Contract Documents consisting of written technical descriptions of
materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative

details applicable thereto.

42. Subcontractor--An individual or entity having a direct contract with CONTRACTOR or with any other
Subcontractor for the performance of a part of the Work at the Site.

43. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point
where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance

GC - 6 of 54

with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for
which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of
the Work refer to Substantial Completion thereof.

44. Supplementary Conditions--That part of the Contract Documents which amends or supplements these
General Conditions.

45. Supplier--A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract
with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work
by CONTRACTOR or any Subcontractor.

46. Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks,
tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those
that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable
television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

47. Unit Price Work--Work to be paid for on the basis of unit prices.

48. Work--The entire completed construction or the various separately identifiable parts thereof required to be
provided in the Contract Documents. Work includes and is the result of performing or providing all labor,
services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating
all materials and equipment into such construction, all as required by the Contract Documents.

49. Written Amendment--A written statement modifying the Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or
nontechnical rather than strictly construction-related aspects of the Contract Documents.

1.02 Terminology

A. Intent of Certain Terms or Adjectives

22 <6

1. Whenever in the Contract Documents the terms “as allows,” “as approved,” or terms of like effect or import are
used, or the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect
or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such
action or determination will be solely to evaluate, in general, the completed Work for compliance with the
requirements of and information in the Contract Documents and conformance with the design concept of the
completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a
specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to
ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to
undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract
Documents.

20 ¢e

B. Day

1. The work “day” shall constitute a calendar day of regular working hours except Saturdays, Sundays and any
legal holiday.

C. Defective

1. The word “defective,” when modifying the work “Work,” refers to Work that is unsatisfactory, faulty, or
deficient in that it does not conform to the Contract Documents or does not meet the requirements of any
inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior
to ENGINEER’s recommendation of final payment (unless responsibility for the protection thereof has been
assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05).

GC - 7 of 54

Finance Committee — 03/16/2022 Page 2

Thank you for letting me speak here tonight. My name is Brian Kenney. I’m the Captain of the Professional Standards
Bureau at the PD. | oversee all hiring and recruitment of new officers and civilian employees. There is no surprise to
anyone here tonight that recruiting and maintaining town employees has become increasingly difficult over the past few
years, so we located a company called “Policeapp” which you have before you and we are seeking approval to use
Policeapp to help us with things like advertising to reach potential officers that exist across the country. Certified officers —
we're seeking their help with not only advertising and reaching people, but once we do reach people get them in our
process they assist with the whole background investigation. So basically they streamline the whole process for us and
assist us in hiring people that much quicker. Once they are in the process, we can get them to the Academy and
hopefully get them to full staffing much quicker than we ever had in the past. That’s really the ins and outs of what they
do. I'd be happy to answer any specific questions about what they do.

Mayor Donchess

Anyone?

Alderwoman Timmons

Thank you Mayor. | do have one question. How successful is this app?

Brian Kenney, Police Captain

So we have done a little bit of homework and they are pretty successful. We have talked to multiple area PDs that are
already actually using this service and this company and they all have rave reviews. We have reached out to Portsmouth
PD who use it, we reached out to Derry who uses it, Hudson next door is using it, and they all said that the number of
applicants coming through the door is much higher after signing on with Policeapp.

Alderwoman Timmons

| have a follow up Mayor? | have one other question. What is the cost associated with this app?

Brian Kenney, Police Captain

It's $11,000 for a one-year contract with the company. For one year with the company, the contract is a three-year
agreement which is the $32,000 you see in front of you.

Alderwoman Timmons

Thank you.

Mayor Donchess

Anyone else?

Alderman Clemons

Just a technical question. Would this have to come before the full Board as well because it’s a multi-year
contract?

Mayor Donchess

How many years are we contracted for, is it more than one?

Brian Kenney, Police Captain

It’s three, yes Sir. | was under the impression it would have to go before the full Board.

Mayor Donchess

So the answer is yes.

D. Furnish, Install, Perform, Provide

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and
deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or
installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to furnish and
install said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “Provide,” when used in connection with services, materials, or equipment, shall mean
to furnish and install said services, materials, or equipment complete and ready for intended use.

4, When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or
equipment in a context clearly requiring an obligation of CONTRACTOR, “provide” is implied.

E. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or
construction industry or trade meaning are used in the Contract Documents in accordance with such recognized
meaning.

ARTICLE 2 - PRELIMINARY MATTERS

2.01 Delivery of Bonds

A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to furnish.

2.02 Copies of Documents

A. OWNER shall furnish to CONTRACTOR up to 5 copies of the Contract Documents as are reasonably necessary
for execution of the Work. Additional copies will be furnished upon request at the cost of reproduction.

2.03 Commencement of Contract Times; Notice to Proceed
A. The Contract Times will commence on the day indicated in the Notice to Proceed
2.04 Starting the Work

A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work
shall be done at the Site prior to the date on which the Contract Times commence to run.

2.05 Before Starting Construction

A. CONTRACTOR’s Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR
shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all
applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error,
ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or
clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not
be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract
Documents unless CONTRACTOR knew or reasonably should have known thereof.

B. Preliminary Schedules: Within ten days after the effective Date of the Agreement (unless otherwise specified in
the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review:

GC - 8 of 54

1. A preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the
various stages of the Work, including any Milestones specified in the Contract Documents;

2. A preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the
times for submitting, reviewing, and processing such submittal; and

3. A preliminary schedule of values for all of the Work which includes quantities and prices of items which when
added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve
as the basis for progress payments during performance of the Work. Such prices will include an appropriate
amount of overhead and profit applicable to each item of Work.

C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall each deliver to
the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance
(and other evidence of insurance which either of them or any additional insured may reasonably request) which
CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with Article 5.

2.06 Preconstruction Conference

A. Within 20 days after the Contract times start to run, but before any Work at the Site is started, a conference
attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.B, procedures for handling
Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records.

2.07 Initial Acceptance of Schedules

A. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application
for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to review
for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.B.
CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit
the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to
ENGINEER.

1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to
completion within any specified Milestones and the Contract Times. Such acceptance will not impose on
ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor
interfere with or relieve CONTRACTOR from CONTRACTOR’s full responsibility therefore.

2. CONTRACTOR’s schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it
provides a workable arrangement for reviewing and processing the required submittals.

3. CONTRACTOR’s schedule of values will be acceptable to ENGINEER as to form and substance if it provides
a reasonable allocation of the Contract Price to component parts of the Work.

ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

3.01 Intent
A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all.

B. It is the intent of the Contract documents to describe a functionally complete Project (or part thereof) to be
constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment
that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being
required to produce the intended result will be provided whether or not specifically called for at no additional cost to
OWNER.

GC - 9 of 54

C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article
9.

3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations

1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association,
or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard,
specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective
Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract
Documents.

2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be
effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their
subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any
such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER’s Consultants,
agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or
authority to undertake responsibility inconsistent with the provisions of the Contract Document.

3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies

1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or
discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or
Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any
instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR
shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16A) until
an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in
paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure
to report any such conflict, error, ambiguity, or discrepancy unless CONTRACTOR knew or reasonably should
have known thereof.

2. In case of discrepancy, calculated dimensions will govern over scaled dimensions, Drawings will govern over
Standard Specifications, and Construction Specifications will govern over both Drawings and Standard
Specifications. The CONTRACTOR shall take no advantage of any apparent error or omission in the Drawings or
Construction Specifications, and the ENGINEER will be permitted to make such corrections and interpretations as
may be deemed necessary to fulfill the intent of the Contract Documents.

B. Resolving Discrepancies
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract
Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the

provisions of the Contract Documents and:

a. The provisions of any standard, specification, manual, code, or instruction (whether or not specifically
incorporated by reference in the Contract Documents); or

b. The provisions of any Laws or Regulations applicable to the performance of the Work (unless such an

interpretation of the provisions of the Contract Documents would result in violation of such Law or
Regulation).

GC - 10 of 54

3.04 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to
modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment, or (11) a
Change Order; order B. The requirements of the Contract Documents may be supplemented and minor variations
and deviations in the Work may be authorized, by one of more of the following ways: (i) a Field Order; (ii)
ENGINEER’ s approval of a Shop Drawing or Sample; or (111) ENGINEER’s written interpretation or clarification.

3.05 Reuse of Documents

A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of
the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights
in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal
of ENGINEER or ENGINEER’s Consultant, including electronic media editions. This prohibition will survive final
payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall
preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes.

ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE
POINTS

4.01 Availability of Lands

A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of
general application but specifically related to use of the Site with which CONTRACTOR must comply in performing
the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent
changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount

or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in
OWNER’ furnishing the Site, CONTRACTOR may make a Claim therefore as provided in paragraph 10.05.

B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal
title and legal description of the lands upon which the Work is to be performed and OWNER’s interest therein as
necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with
applicable Laws and Regulations.

C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary
construction facilities or storage of materials and equipment.

D. If corporate or private property interferes with the Work, CONTRACTOR shall notify, in writing, the OWNER’s
of such property, advising them of the nature of the interference and shall arrange to cooperate with them for the
protection or disposition of such property. CONTRACTOR shall furnish the ENGINEER with copies of such
notifications and with copies of any agreements between the CONTRACTOR and the property OWNER’s conceming
such protection or disposition.

E. CONTRACTOR shall take all necessary precautions for the protection of corporate or private property, such as
walls and foundations of buildings, vaults, underground structures of public utilities, underground drainage facilities,
overhead structures of public utilities, trees, shrubbery, crops, and fences contiguous to the Work, of which the
Contract does not provide for removal. CONTRACTOR shall protect and carefully preserve all official survey
monuments, property marks, section markers, and Geological Survey Monuments, or other similar monuments, until
OWNER, or authorized Surveyor or agent has witnessed or otherwise referenced their location or relocation.
CONTRACTOR shall notify the ENGINEER of the presence of any such survey or property monuments as soon as
they are discovered.

GC - 11 of 54